
    The People of the State of New York, Respondent, v Jamaica Newbern, Appellant.
    (Appeal No. 1.)
    [899 NYS2d 722]
   Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J), rendered March 16, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present — Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ.  