Whether the New York State offense of robbery is a 'crime of violence'

QUESTION PRESENTED Whether the New York State offense of robbery is a “crime of violence,” that is, an offense that “has as an element the use, attempted use, or threatened use of physical force against the person of another.” U.S.S.G. § 2L1.2, appl. note 1(B) (iii) (Nov. 1, 2014). This question has divided the Second Circuit, in this case, and the Sixth Circuit, in Perez v. United States, 885 F.3d 984 (6th Cir. 2018), from the First Circuit, in United States v. Steed, 879 F.3d 440 (lst Cir. 2018). In addition, this issue is presently before this Court in Stokeling v. United States, No. 17-5554 (argued Oct. 9, 2018), in the context of the application of the identical “elements” clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e) (2) (B) (i), to Florida robbery. Florida robbery has been held to require the same degree of force as New York robbery. See People v. Sailor, 480 N.E.2d 701, 710-11 (N.Y. 1985). i