
    The People of the State of New York, Respondent, v Darain R. Cruz, Appellant.
    [887 NYS2d 913]
   Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered November 6, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the second degree (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Lococo, 92 NY2d 825, 827 [1998]). Present—Scudder, P.J., Martoche, Smith, Carni and Green, JJ.  