PHELPS, ALINA, PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 6 KA 08-01799 PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND GORSKI, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER ALINA PHELPS, DEFENDANT-APPELLANT. ROSEMARIE RICHARDS, SOUTH NEW BERLIN, FOR DEFENDANT-APPELLANT. JOHN C. TUNNEY, DISTRICT ATTORNEY, BATH, FOR RESPONDENT. Appeal from a judgment of the Steuben County Court (Joseph W. Latham, J.), rendered May 14, 2008. The judgment convicted defendant, upon her plea of guilty, of attempted burglary in the second degree. It is…