*1 SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department 309 KA 10-01509 PRESENT: SCUDDER, P.J., SMITH, CARNI, AND SCONIERS, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER JEFFREY S. WACKWITZ, SR., DEFENDANT-APPELLANT. (APPEAL NO. 2.) CARR SAGLIMBEN LLP, OLEAN (JAY D. CARR OF COUNSEL), FOR DEFENDANT-APPELLANT. LORI PETTIT RIEMAN, DISTRICT ATTORNEY, LITTLE VALLEY (JOHN C. LUZIER OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered November 9, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Same Memorandum as in People v Wackwitz ([appeal No. 1] ___ AD3d ___ [Mar. 16, 2012]). Entered: March 16, 2012 Frances E. Cafarell

Clerk of the Court