¶1Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered September 4, 2009. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the third degree.
¶2It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Milczakowskyj, 286 AD2d 928 [2001], lv denied 97 NY2d 657 [2001]). Present — Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.