RODRIGUEZ, EMANUEL D., PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1404 KA 13-00715 PRESENT: SMITH, J.P., FAHEY, WHALEN, AND DEJOSEPH, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER EMANUEL D. RODRIGUEZ, DEFENDANT-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] ___ AD3d ___ [Jan. 2, 2015]). Entered: January 2, 2015 Frances E. Cafarell Clerk of the Court