NY Penal Law 110.10 – Attempt to commit a crime; no defense

repugnant verdict

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.