
    The People of the State of New York, Respondent, v John Kelly, Appellant.
    (Appeal No. 2.)
    [764 NYS2d 894]
   Appeal from a judgment of Onondaga County Court (Aloi, J.), entered March 22, 2002, convicting defendant after a jury trial of, inter alia, criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Same memorandum as in People v Kelly (309 AD2d 1149 [2003]). Present — Pigott, Jr., P.J., Green, Pine, Scudder and Hayes, JJ.  