PEOPLE v. MILLER


201 A.D.2d 109 (1994)

The People of the State of New York, Respondent, v. Timothy Miller, Appellant

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

July 15, 1994


Attorney(s) appearing for the Case

Edward J. Nowak, Rochester (Brian Shiffrin of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Mark Pedersen of counsel), for respondent.

BALIO, J. P., LAWTON, DOERR and BOEHM, JJ., concur.


CALLAHAN, J.

Defendant was convicted, following a jury trial, of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [1]) as a lesser included offense of robbery in the first degree as charged in the indictment. The issue on this appeal is whether it is theoretically possible to commit the crime of attempted robbery in the first degree under Penal Law § 160.15 (1).

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