
    The People of the State of New York, Respondent, v Ernesto Mitchell-Benitez, Appellant.
   — Judgment unanimously affirmed. Memorandum: We determine from the record that the People established the necessary foundation for the admission of the tape recording made on August 30, 1990 (see, People v Ely, 68 NY2d 520, 527). (Appeal from Judgment of Supreme Court, Onondaga County, Gorman, J. — Conspiracy, 2nd Degree.) Present — Denman, P. J., Boomer, Balio, Lawton and Fallon, JJ.  