People v. Mulcahey

I join with my colleagues in affirming the defendant’s conviction and sentence for the offense of kidnapping. I do, however, respectfully disagree with their conclusion the evidence also supports the defendant’s conviction of attempt robbery.

There are few cases involving the offense of attempt robbery where there is not some evidence of a demand or effort to take property from the victim. While such a demand may not be necessary to support the attempt offense, it seems to me that the threat of force, and the intention which must accompany such a threat for the conduct to constitute a…