People v Pena

People v Pena 2007 NY Slip Op 08621 [45 AD3d 1382] November 9, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent, v Brenda Pena, Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered May 26, 2006. The judgment convicted defendant, upon her plea of guilty, of attempted burglary in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Milczakowskyj, 286 AD2d 928 [2001], lv denied 97 NY2d 657 [2001]). Present—Scudder, P.J., Gorski, Centra, Fahey and Green, JJ.