People v Rodriguez
2015 NY Slip Op 00146 [124 AD3d 1389]
January 2, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 4, 2015


[*1]
 The People of the State of New York, Respondent, v Emanuel D. Rodriguez, Appellant. (Appeal No. 2.)

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Deborah K. Jessey of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Sheila A. DiTullio, A.J.), rendered March 26, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Rodriguez ([appeal No. 1] 124 AD3d 1388 [2015]). Present—Smith, J.P., Fahey, Whalen and DeJoseph, JJ.