People v. Kilgore , 608 N.Y.S.2d 133 ( 1993 )

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.