
    The People of the State of New York, Respondent, v Kenneth B. Rouse, Appellant.
    [895 NYS2d 924]
   Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered March 3, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree and attempted burglary in the third 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, P.J., Peradotto, Carni, Green and Gorski, JJ.  