*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1354

KA 10-01597

PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER IVAN COSTELLO, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL C. WALSH OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Erie County Court (Michael L.

D’Amico, J.), rendered June 16, 2010. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of stolen property in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed ( see People v Lococo , 92 NY2d 825, 827).

Entered: December 23, 2011 Frances E. Cafarell

Clerk of the Court