What is the legal test for preparing for a crime?

"New York", United States of America

The following excerpt is from People v. Lendof-Gonzalez, 139 N.Y.S.3d 84, 163 N.E.3d 15, 36 N.Y.3d 87 (N.Y. 2020):

"The boundary where preparation ripens into punishable conduct depends greatly on the facts of the particular case" and "differs with different crimes" ( Mahboubian, 74 N.Y.2d at 190, 191, 544 N.Y.S.2d 769, 543 N.E.2d 34, citing People v. Werblow, 241 N.Y. 55, 61, 148 N.E. 786 [1925] ). Thus, our law recognizes an attempt when a "defendant[ ] may not have been physically within striking distance of success, yet in all but the most literal sense, they were" ( id. at 192, 544 N.Y.S.2d 769, 543 N.E.2d 34 ).

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