N.Y. Mil. Law § 130.76

§ 130.76. Attempts. (a) An act, done with specific intent to commit\nan offense under this code, amounting to more than mere preparation and\ntending but failing to effect its commission, is an attempt to commit\nthat offense.\n (b) Any person subject to this code who attempts to commit any offense\npunishable by this code shall be punished as a court-martial may direct,\nunless otherwise specifically prescribed.\n (c) Any person subject to this code may be convicted of an attempt to\ncommit an offense although it appears on the trial that the offense was\nconsummated.\n