—Judgment unanimously affirmed (see, People v Saunders, 190 AD2d 1092, 1093, Iv denied 81 NY2d 1019). (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Criminal Sale Controlled Substance, 3rd Degree.) Present — Denman, P. J., Balio, Fallon, Doerr and Davis, JJ.