NEW YORK PENAL LAW
Section 110.00 Attempt to commit a crime
A person is guilty of an attempt to commit a crime when, with
intent to commit a crime, he engages in
conduct which tends to effect the commission
of such crime.
Section 110.05 Attempt to commit a crime; punishment
An attempt to commit a crime is a:
1. Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, criminal possession of a controlled substance in the first degree or criminal sale of a controlled substance in the first degree;
2. Class A-II felony when the crime attempted is a class A-II felony;
3. Class B felony when the crime attempted is a class A-I felony except as provided in subdivision one hereof;
4. Class C felony when the crime attempted is a class B felony;
5. Class D felony when the crime attempted is a class C felony;
6. Class E felony when the crime attempted is a class D felony;
7. Class A misdemeanor when the crime attempted is a class E felony;
8. Class B misdemeanor when the crime attempted is a misdemeanor.
Section 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.