
    The People of the State of New York, Respondent, v Richard A. Simmons, Appellant.
    (Appeal No. 3.)
    [837 NYS2d 894]
   Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered January 8, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the third 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 — Martoche, J.P, Smith, Centra, Peradotto and Pine, JJ.  