
    The People of the State of New York, Respondent, v Steven M. Kilgore, Appellant.
    (Appeal No. 2.)
    [608 NYS2d 133]
   Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for further proceedings in accordance with same Memorandum as in People v Kilgore (199 AD2d 1008 [decided herewith]). (Appeal from Judgment of Onondaga County Court, Cunningham, J.— Criminal Sale Controlled Substance, 3rd Degree.) Present— Denman, P. J., Callahan, Pine, Doerr and Boehm, JJ.  