One member of the Appellate Division dissented from that standard of culpability, concluding that the injury/force aspect of robbery could be satisfied without intentional conduct by defendant. The court construed the robbery statute to require that defendant's infliction of bodily injury or use of force be undertaken intentionally. On defendant's appeal from his convictions of robbery, the Appellate Division reversed those convictions and remanded the matter for a new trial. He inflicted injuries and used force during a collision with several persons in the course of a theft. The facts of this case do not indicate, nor did the trial court instruct the jury to consider defendant's culpability when The crime of theft becomes robbery when the defendant "inflicts bodily injury or uses force upon another" in the course of committing a theft. In this criminal appeal, the Court must determine the level of culpability necessary to convert theft into robbery.
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