—Judgment unanimously affirmed. Same Memorandum as in People v Candelario ([appeal No. 1] 209 AD2d 977 [decided herewith]). (Appeal from Judgment of Erie County Court, D’Amico, J.—Criminal Sale Controlled Substance, 2nd Degree.) Present—Denman, P. J., Green, Balio, Wesley and Callahan, JJ.