
    The People of the State of New York, Respondent, v Anthony Gugino, Appellant.
   Judgment unanimously affirmed. Same memorandum as in People v Cannizzaro (167 AD2d 871 [decided herewith]). (Appeal from judgment of Supreme Court, Erie County, Kubiniec, J.—criminal sale of controlled substance, second degree.) Present—Denman, J. P., Green, Balio, Lawton and Davis, JJ.  