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

Summary

The Court of Appeals held that attempted robbery in the first degree is a legally cognizable crime and reversed the Appellate Division's reduction of the conviction to attempted robbery in the third degree. The majority reasoned that the aggravating factor of serious physical injury is a strict‑liability circumstance, not the proscribed result, and therefore does not preclude attempt liability. Judge Simons dissented, maintaining that the enhanced crime cannot be attempted because the injury is an unintended result. The case was remanded for further proceedings.