People v. Rodriguez

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.

*1130It 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 [2005]). Present—Green, J.P., Hurlbutt, Martoche, Lawton and Hayes, JJ.