¶1Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered November 9, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.
¶2It is hereby ordered that the judgment so appealed from is unanimously affirmed.
¶3Same memorandum as in People v Wackwitz (93 AD3d 1220 [2012]). Present — Scudder, EJ., Smith, Garni and Sconiers, JJ.