
    The People of the State of New York, Respondent, v Phillip Kowal, Appellant.
    [866 NYS2d 919]
   — Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered July 20, 2007. 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 (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present — Scudder, EJ., Martoche, Smith, Peradotto and Pine, JJ.  