The PEOPLE, etc., Respondent,
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 19, 1973 and amended April 11, 1973, which, upon his plea of guilty, convicted and sentenced him as follows: (1) of two counts of attempted intentional murder and two counts of 'attempted' felony murder--12 years on each count; (2) of robbery in the first degree--5 years; (3) of grand larceny in the third degree--4 years; (4) of two counts of assault in the first degree--3 years on each count; (5) of attempted assault in the first degree--1 year; and (6) of possession of a weapon as a felony--3 years, all the sentences to run concurrently.
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As to the second and eighth counts, there is no such crime as 'attempted' felony murder, because an attempt requires an intent to commit a specific crime. One cannot attempt to commit an act which one does not intend to commit (People v. Falu, 37 A.D.2d 1025, 325 N.Y.S.2d 798; People v. Brown, 21 A.D.2d 738, 249 N.Y.S.2d 922). Felony murder is not an intentional crime; it is a legislative creature to make felons strictly responsible for all consequences of their felonies, whatever their intentions or the intentions of their confederates. Accordingly, an indictment charging attempted felony murder charges no crime and is jurisdictionally defective.
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Appellant's other contentions are without merit.