People v. Fisher
Opinion of the Court
Appeal from a judgment of the Supreme Court, Erie County (Russell P Buscaglia, A.J.), rendered May 11, 2005. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree (four counts), robbery in the second degree (two counts) and criminal possession of a weapon in the fourth degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, four counts of robbery in the first degree (Penal Law § 160.15 [3], [4]). In appeal No. 2, defendant appeals from a judgment convicting him upon a jury verdict of robbery in the first degree (§ 160.15 [4]) and attempted robbery in the first degree (§§ 110.00, 160.15 [4]). With respect to appeal No. 2, we reject defendant’s contention that attempted robbery in the first degree under Penal Law §§ 110.00 and 160.15 (4) is a nonexistent crime (see People v Durden, 219 AD2d 605, 605-606 [1995], lv denied 87 NY2d 900 [1995]; see also People v Miller, 87 NY2d
Case-law data current through December 31, 2025. Source: CourtListener bulk data.