
    The People of the State of New York, Respondent, v Octavio B. Smith, Appellant.
    [881 NYS2d 350]
   Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered June 23, 2008. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree (three counts).

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