People v. Reyes

— Casey, J.

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered March 11, 1985, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Defendant was surprised by the tenant of an apartment that he had burglarized. After a brief nonviolent discussion with the tenant, defendant left without having taken anything. Subsequently arrested and charged with burglary in the second degree, defendant entered a plea to the reduced charge of attempted burglary in the second degree. He was sentenced as a second felony offender to a…