People v. Rizzo

246 N.Y. 334, 158 N.E. 888 (1927)



The law recognizes that many acts in the way of preparation are too remote to constitute the crime of attempt. Attempt applies to acts tending to the commission of the crime which are so near to its accomplishment that in all reasonable probability the crime itself would have been committed but for timely interference.


Defendant intended to rob a payroll man, however, the police intervened and arrested defendant and his accomplices before they had located the man they wanted to rob. Defendant was convicted of robbery in the first degree, and he appealed his conviction. 


Did the actions of Defendant constitute attempted robbery?




The supreme court determined that the defendant would be guilty of attempted robbery if defendant committed an act tending be immediately connected to the commission of the robbery. The court reversed defendant's conviction and ordered a new trial because defendant's actions were too remote with respect to the commission of the crime to constitute attempted robbery because he had not found or seen the man he intended to rob.

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