
    The People of the State of New York, Respondent, v Ronald Gardner, Appellant.
    (Appeal No. 3.)
   Judgment unanimously affirmed. Same memorandum as in People v Gardner ([appeal No. 1] 167 AD2d 937 [decided herewith]). (Appeal from judgment of Erie County Court, La Mendola, J. —criminal possession of controlled substance, third degree.) Present—Callahan, J. P., Doerr, Denman, Green and Balio, JJ.  