Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered December 10, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree. It is hereby ordered that said appeal is unanimously dismissed.
Same memorandum as in People v Allen (93 AD3d 1340 [2012]). Present — Smith, J.P, Peradotto, Garni and Sconiers, JJ.