Opinion
KA 03-00250.
April 29, 2005.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered January 8, 2003. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (VINCENT F. GUGINO OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (SHAWN P. HENNESSY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Green, J.P., Hurlbutt, Martoche, Lawton and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Same memorandum as in People v. Rodriguez ( 17 AD3d 1127).