N.Y. Penal Law § 110.10: Attempt to commit a crime; no defense

§ 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.