
    The People of the State of New York, Respondent, v Christopher Gamble, Appellant.
    [913 NYS2d 599]
   Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered September 4, 2009. 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 is unanimously affirmed (see People v Milczakowskyj, 286 AD2d 928 [2001], lv denied 97 NY2d 657 [2001]). Present — Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.  