People v. Fox , 881 N.Y.S.2d 352 ( 2009 )

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered March 27, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Hurlbutt, J.P, Martoche, Fahey, Garni and Pine, JJ.