People v. Miller

—Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about November 25, 1996, which reduced the first count of the indictment from attempted robbery in the second degree to attempted petit larceny, unanimously reversed, on the law, and the charge of attempted robbery in the second degree is reinstated.

Defendant was arrested for the attempted robbery of Manuel Cabrera on the subway in the early morning hours of September 23, 1996. The evidence presented to the Grand Jury was that Cabrera was seated next to the train doors, on his way to work, when defendant and several…