People v. Thomas

—Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that his conviction of attempted burglary in the third degree is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Upon our review of the record, we conclude that the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J.—Attempted Burglary, 3rd Degree.) Present—Green, J. P., Pine, Lawton, Doerr and Fallon, JJ.