New York State Law

Article 110 - NY Penal Law

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• Article 110

S 110.00 Attempt to commit a crime.
  A person is guilty of an attempt to commit a crime when, with intent
to commit a crime, he engages in conduct which tends to effect the
commission of such crime.
S 110.05 Attempt to commit a crime; punishment.
  An attempt to commit a crime is a:
  1. Class A-I felony when  the crime attempted is the A-I felony of
  murder in the first degree, aggravated murder as defined in  subdivision
  one  of  section  125.26  of  this  chapter,  criminal  possession  of a
  controlled substance in the first degree, criminal sale of a  controlled
  substance  in  the  first  degree,  criminal possession of a chemical or
  biological weapon in the first degree or criminal use of a  chemical  or
  biological weapon in the first degree;
  2. Class A-II felony when the crime attempted is a class A-II felony;
  3. Class  B  felony  when  the  crime attempted is a class A-I felony
     except as provided in subdivision one hereof;
  4. Class C felony when the crime attempted is a class B felony;
  5. Class D felony when the crime attempted is a class C felony;
  6. Class E felony when the crime attempted is a class D felony;
  7. Class A misdemeanor when the crime attempted is a class E felony;
  8. Class B misdemeanor when the crime attempted is a misdemeanor.
S 110.10 Attempt to commit a crime; no defense.
  If the conduct in which a person engages otherwise constitutes an
attempt to commit a crime pursuant to section 110.00, it is no defense
to a prosecution for such attempt that the crime charged to have been
attempted was, under the attendant circumstances, factually or legally
impossible of commission, if such crime could have been committed had
the attendant circumstances been as such person believed them to be.
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