
    The People of the State of New York, Respondent, v Jose A. Marcial, Appellant.
    
    
      (Appeal No. 2.)
    
    
      [836 NYS2d 479]
    
   Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), rendered July 15, 2003. The judgment convicted defendant, upon a jury verdict, of criminal possession 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 Marcial (41 AD3d 1308 [2007]). Present—Scudder, P.J., Centra, Lunn, Fahey and Peradotto, JJ.  