People v. Woelfle

*1167Appeal from an order of the Erie County Court (Thomas E Franczyk, J.), entered August 11, 2008. The order granted that part of defendant’s omnibus motion seeking to reduce count one of the indictment, charging defendant with robbery in the first degree, to the lesser included offense of attempted robbery in the first degree.

It is hereby ordered that the order so appealed from is unanimously reversed on the law, that part of the motion seeking to reduce count one of the indictment is denied, count one of the indictment is reinstated, and the matter is remitted to Erie County Court for further…