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

Summary

The New York Court of Appeals held that attempted robbery in the first degree is a legally cognizable crime and affirmed the conviction, reversing the Appellate Division’s reduction to attempted robbery in the third degree. The Court reasoned that the aggravating factor of serious injury is a strict‑liability circumstance that elevates the attempted offense, and it remanded for further proceedings. Justice Simons dissented, maintaining that the crime is legally impossible.