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  5. 87 N.Y.2d 211 (1995)
 

PEOPLE v. MILLER

87 N.Y.2d 211 (1995)

661 N.E.2d 1358

638 N.Y.S.2d 577

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

Court of Appeals of the State of New York.

Decided December 7, 1995.

Attorney(s) appearing for the Case

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

Edward J. Nowak, Public Defender of Monroe County, Rochester (David Juergens of counsel), for respondent-appellant.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH and LEVINE concur with Judge CIPARICK; Judge SIMONS dissents and votes to affirm in a separate opinion.

CIPARICK, J.

The Appellate Division ruled that attempted robbery in the first degree is a nonexistent crime. A Judge of this Court granted the People leave to appeal and defendant leave to cross-appeal for us to consider this ruling. For the reasons that follow, we now hold that attempted robbery in the first degree is a legally cognizable crime.

Defendant was...

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