Opinion
KA 01-02457
June 13, 2003.
Appeal from a judgment of Erie County Court (Drury, J.), entered October 30, 2001, convicting defendant upon his plea of guilty of attempted burglary in the second degree.
ALAN BIRNHOLZ, AMHERST, FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DON I. DALLY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed ( see People v. Hidalgo, 91 N.Y.2d 733, 737).