People v. Sharp

— Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered February 11, 2008. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree (two counts).

It is hereby ordered that the judgment so appealed from 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 two counts of grand larceny in the third degree (Penal Law § 155.35). Defendant failed to preserve *1231for…