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N.Y. Penal Law § 110.05

Attempt to commit a crime; punishment

Applied in 8 court decisions — leading case The People v. Charles Smith (2017)

Most recently applied in People ex rel. Marrero v. Stanford (July 2023)

2014-09-22

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 110.05 Attempt to commit a crime; punishment.\n An attempt to commit a crime is a:\n 1. Class A-I felony when the crime attempted is the A-I felony of\nmurder in the first degree, aggravated murder as defined in subdivision\none of section 125.26 of this chapter, criminal possession of a\ncontrolled substance in the first degree, criminal sale of a controlled\nsubstance in the first degree, criminal possession of a chemical or\nbiological weapon in the first degree or criminal use of a chemical or\nbiological weapon in the first degree;\n 2. Class A-II felony when the crime attempted is a class A-II felony;\n 3. Class B felony when the crime attempted is a class A-I felony\nexcept as provided in subdivision one hereof;\n 4. Class C felony when the crime attempted is a class B felony;\n 5. Class D felony when the crime attempted is a class C felony;\n 6. Class E felony when the crime attempted is a class D felony;\n 7. Class A misdemeanor when the crime attempted is a class E felony;\n 8. Class B misdemeanor when the crime attempted is a misdemeanor;\n 9. Class D felony when the crime attempted is bribery in the third\ndegree as defined in section 200.00 of this chapter, a class C felony\nwhen the crime attempted is bribery in the second degree as defined in\nsection 200.03 of this chapter and a class B felony when the crime\nattempted is bribery in the first degree as defined in subdivision two\nof section 200.04 of this chapter.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.