
    The People of the State of New York, Respondent, v Eric McGriff, Appellant.
    [823 NYS2d 709]
   Appeal from a judgment of the Supreme Court, Erie County (Joseph S. Forma, J.), rendered December 22, 2004. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree and attempted rape in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Scudder, J.E, Martoche, Centra and Pine, JJ.  