
    The People of the State of New York, Respondent, v Robert Flakes, Also Known as Phillip Terry, Appellant.
    (Appeal No. 1.)
   Judgment unanimously affirmed. (See People v Johnson, 64 AD2d 821.) (Appeal from judgment of Erie Supreme Court, Flynn, J. — criminal sale of a controlled substance, fifth degree.) Present — Simons, J.P., Hancock, Jr., Doerr, Den-man and Moule, JJ.  