Appellate Division of the Supreme Court of the State of New York April 23, 1998 (People v. Fallen)

—Carpinello, J.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered September 5, 1996, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, criminal possession of a controlled substance in the fifth degree and escape in the first