Opinion
September 29, 1998
Appeal from the Supreme Court, New York County (Jeffrey Atlas, J.).
The court properly submitted the charge of attempted burglary in the third degree as a lesser included offense of burglary in the third degree since there was a reasonable view of the evidence to support a finding that defendant caused the lock of the premises to be unlocked, and, in the process, caused the door to open one inch, but did not cross the threshold with any part of his body.
Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.