Judgment unanimously reversed on the law and new trial granted. Same Memorandum as in People v Stokes (239 AD2d 955 [decided herewith]). (Appeal from Judgment of Onondaga County Court, Cunningham, J.—Criminal Sale Controlled Substance, 1st Degree.) Present—Denman, P. J., Green, Doerr, Balio and Fallon, JJ.