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PEOPLE v. R.

116 A.D.2d 673 (1986)

The People of the State of New York, Respondent, v. Walter R., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 21, 1986

Judgment affirmed.

Defendant contends that one cannot attempt to commit robbery in the second degree as defined in Penal Law § 160.10 (2) (a) (see, Penal Law § 110.00) because physical injury to a nonparticipant, an element of robbery in the second degree under Penal Law § 160.10 (2) (a), need not be intentional. He argues that one cannot attempt to commit an unintentional act.

Although there...

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