People v. Kilgore (199 A.D.2d 1009, 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.