Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered October 15, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted sodomy in the first degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Same memorandum as in People v Roundtree ([appeal No. 1] 28 AD3d 1184 [2006]). Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Martoche and Hayes, JJ.