
    The People of the State of New York, Respondent, v John Liberatore, Appellant.
    (Appeal No. 2.)
   Upon remittitur from the Court of Appeals [79 NY2d 208], judgment unanimously affirmed. Same Memorandum as in People v Liberatore ([appeal No. 1] 182 AD2d 1062 [decided herewith]). (Appeal from Judgment of Ontario County Court, Reed, J.— Criminal Sale Controlled Substance, 3rd Degree.) Present— Callahan, J. P., Green, Balio and Davis, JJ.  