Opinion
Argued October 20, 2000.
November 21, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered June 9, 1998, convicting him of attempted burglary in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (John Schoeffel of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicole Beder, and Kristen Marcelle of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The court properly submitted the charge of attempted burglary in the second degree as a lesser-included offense of burglary in the second degree, since there was a reasonable view of the evidence to support a finding that the defendant attempted unlawful entry into the building with the intent to commit a crime therein (see, People v. Briggs, 111 A.D.2d 340).