87 N.Y.2d 211 (1995)

Attempted robbery in the first degree is a legally cognizable crime because the intent lies in the forcible taking (or attempted taking) of property, and the presence of aggravating factors, such as serious physical injury to a non-participant, elevates the severity of the offense and the punishment.

Summary

Defendant was convicted of attempted robbery in the first degree after a failed robbery attempt resulted in the victim’s death. The Appellate Division reduced the conviction, arguing that attempted robbery in the first degree is a nonexistent crime because it includes the unintended result of causing serious physical injury. The Court of Appeals reversed, holding that attempted robbery in the first degree is a legally cognizable crime. The court reasoned that the intent lies in the forcible taking or attempted taking of property, and aggravating factors, like causing serious physical injury, elevate the severity of the offense. The dissent argued that the enhanced liability requires an unintended result that cannot be attempted.

Facts

Defendant and a group of teenagers planned to rob the victim, Grimes, of a bag of clothing. The defendant declared his intent to snatch the bag as Grimes exited a grocery store. The group attacked Grimes, and defendant attempted to grab the bag. Grimes resisted, and during the struggle, a shot was fired, mortally wounding Grimes. The bag was no longer in sight after Grimes collapsed. The jury convicted the defendant of attempted robbery in the first degree.

Procedural History

The trial court granted the defendant’s request to charge the jury on the lesser included offense of attempted robbery in the first degree. The jury convicted the defendant. The Appellate Division modified the judgment, reducing the conviction to attempted robbery in the third degree, finding that attempted robbery in the first degree is not a legally cognizable crime. The Court of Appeals reversed the Appellate Division’s order, reinstating the conviction for attempted robbery in the first degree and remitting the case for consideration of the facts.

Issue(s)

Whether attempted robbery in the first degree is a legally cognizable crime in New York.

Holding

Yes, because the essence of robbery is the forcible stealing of property. The intent lies in the act of attempting to forcibly take the property, and the presence of an aggravating factor, such as causing serious physical injury to a non-participant, elevates the severity of the offense and the punishment.

Court’s Reasoning

The Court of Appeals reasoned that the crime of robbery involves the forcible taking of property. The degree of the robbery depends on aggravating factors. First-degree robbery includes instances where the robber causes serious physical injury to a non-participant. Attempted robbery in the first degree requires the intent to forcibly steal property, and the act of attempting to do so. The Court distinguished this case from People v. Campbell, where the crime at issue, attempted assault in the second degree, included an unintended result as a core element. Here, the intent is the forcible taking or attempted taking, not the unintended injury. The Court stated, “[t]he robber’s conduct is rendered criminal by the forcible taking — or attempted forcible taking — not by an unintended result.” The court emphasized that strict liability attaches to the aggravating circumstance (serious physical injury) rather than the proscribed result (the taking of property). The Dissent argued that attempted robbery in the first degree should not be a cognizable crime as the statute requires forcible stealing and also causing serious injury. The dissent argues that Campbell controls in cases such as this as the enhanced liability turns on the unintended result. The dissent also pointed out that the People could have charged the defendant with felony assault which carries a similar punishment.