People v. Van Vleet

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Seneca County Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him following a jury trial of robbery in the first degree (Penal Law § 160.15 [3]), burglary in the first degree (Penal Law § 140.30 [3]), endangering the welfare of a child (Penal Law § 260.10 [1]) and conspiracy in *1182the fourth degree (Penal Law § 105.10 [1]). We reject the contention of defendant that County Court erred in denying his request to charge attempted burglary in the…