Appeal from a judg*1463ment of the Supreme Court, Erie County (Russell E Buscaglia, A.J.), rendered December 18, 2008. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present — Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ.