
    The People of the State of New York, Respondent, v John Montes, Appellant.
    [653 NYS2d 887]
   —Judgment unanimously affirmed (see, People v Saunders, 190 AD2d 1092, 1093, Iv denied 81 NY2d 1019). (Appeal from Judgment of Erie County Court, Drury, J.—Criminal Sale Controlled Substance, 5th Degree.) Present—Green, J. P., Pine, Doerr, Boehm and Fallon, JJ.  