Opinion
KA 00-01123
May 2, 2003.
Appeal from a judgment of Steuben County Court (Furfure, J.), entered March 27, 2000, convicting defendant after a jury trial of, inter alia, criminal possession of a controlled substance in the third degree (two counts).
D.J. J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN C. TUNNEY, DISTRICT ATTORNEY, BATH, FOR PLAINTIFF-RESPONDENT.
PRESENT: HURLBUTT, J.P., KEHOE, GORSKI, LAWTON, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is affirmed.
Same Memorandum as in People v. Lewis ([appeal No. 1] 305 A.D.2d 993 [May 2, 2003]).
All concur except GORSKI AND LAWTON, JJ., who dissent and vote to reverse in accordance with the same dissenting Memorandum as in People v Lewis ([appeal No. 1] 305 A.D.2d 993 [May 2, 2003]).