People v. Martin

*1288Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered June 24, 2005. The judgment convicted defendant, upon his plea of guilty, of scheme to defraud in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed and the matter is remitted to Supreme Court, Erie County, for proceedings pursuant to CPL 460.50 (5).

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of scheme to defraud in the first degree (Penal Law § 190.65 [1] [b]). Supreme Court sentenced defendant…