People v. Hendrix

—Appeal from a judg*952ment of Erie County Court (Drury, J.), entered March 22, 2000, convicting defendant after a jury trial of, inter alia, criminal possession of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reducing the term of incarceration imposed on the second count of the indictment to 2xh to 7 years and as modified the judgment is affirmed.

Memorandum: Defendant contends that County Court erred in denying his motion to dismiss the first and fourth counts of the indictment at…