People v. Barker

—Appeal from a judgment of Erie County Court (McCarthy, J.), entered March 7, 2000, convicting defendant after a jury trial of, inter alia, attempted burglary in the first degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of two counts of attempted burglary in the first degree (Penal Law §§ 110.00, 140.30 [2], [3]) and other crimes. He was acquitted of two counts of burglary in the first degree (§ 140.30 [2], [3]). Contrary to the…