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 ).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.