People v. McClain

*1272Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered December 2, 2003. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the first degree (two counts) and attempted robbery in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing that part convicting defendant of attempted robbery in the third degree and dismissing count three of the superior court information and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a…