Appellate Division of the Supreme Court of the State of New York November 13, 2000, Appeal No. 3 (People v. Hill)

—Judgment unanimously affirmed. Same Memorandum as in People v Hill ([appeal No. 1] 277 AD2d 930 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Attempted Criminal Possession Controlled Substance, 5th Degree.) Present — Pigott, Jr., P. J., Wisner, Kehoe and Balio, JJ.