Judgment unanimously affirmed (see, People v Saunders, 190 AD2d 1092, 1093, lv denied 81 NY2d 1019). (Appeal from Judgment of Supreme Court, Erie County, Howe, J. — Attempted Criminal Sale Controlled Substance, 3rd Degree.)
Present — Denman, P. J., Law-ton, Balio, Boehm and Fallon, JJ.