In New York, is legal impossibility a defense to conspiracy?

In New York, is legal impossibility a defense to conspiracy?

• A. Yes
• B. No
• C. Only in federal
• D. Only if variant

Answer: (B)

Conspiracy liability hinges on the agreement and intent to commit a crime, not on whether the planned crime could actually be carried out. In New York, legal impossibility cannot excuse a conspirator because the offense is the conspiracy itself—the agreement to commit an unlawful act and steps taken toward that goal—regardless of whether the target act could be completed due to legal constraints. The defense of impossibility is reserved for attempts, not conspiracies, so even if the contemplated act could not be finished legally, the conspiracy remains guilty.

Conspiracy liability hinges on the agreement and intent to commit a crime, not on whether the planned crime could actually be carried out. In New York, legal impossibility cannot excuse a conspirator because the offense is the conspiracy itself—the agreement to commit an unlawful act and steps taken toward that goal—regardless of whether the target act could be completed due to legal constraints. The defense of impossibility is reserved for attempts, not conspiracies, so even if the contemplated act could not be finished legally, the conspiracy remains guilty.