Last month, a state appellate court issued an opinion in a New York attempted murder case, requiring the court to discuss the elements of an “attempt.” The court ultimately found that the defendant’s actions did not constitute an attempt, and vacated his conviction.
The Facts of the Case
According to the court’s opinion, the defendant was incarcerated for alleged acts of domestic violence. While in jail, the defendant approached a fellow inmate who was going to be released soon. The defendant asked the inmate to kill his wife and mother-in-law. In exchange for this, the defendant promised to give him a home.
The inmate had no intention of carrying out the defendant’s request, but played along. He told the defendant that he could do it, and gave the defendant a phone number to reach him after his release. The defendant provided detailed instructions on how he wanted the inmate to kill his wife and mother-in-law.