2. Inchoate Offenses

Question 1

When is a withdrawal a defense to conspiracy and solicitation?

Answer 1

Withdrawal is an affirmative defense to solicitation and conspiracy if the defendant:

1. Voluntarily and completely renounced, and
2. Prevented commission of the object crime.
   (If the object crime does not occur, the defendant has a defense to the anticipatory crimes only if his efforts prevented the commission of the object crime)

Question 2

May a defendant be convicted upon the testimony of the person solicited?

Answer 2

Yes, but if the person solicited qualifies as a witness, then accomplice rules apply.

Question 3

Agreement requirement for conspiracy in NY

Answer 3

NY follows the MPC approach. Thus, a single defendant may be convicted of conspiracy. There is no defense to a conspiracy charge based on a co-conspirator’s irresponsibility, incapacity, or failure to have the requisite culpability for a crime.

Question 4

Can a defendant be charged with conspiracy if he conspired with an undercover police officer?

Answer 4

Yes.

Question 5

What is the liability of one conspirator for crimes committed by other conspirators?

Answer 5

There is no vicarious liability for one who merely conspires and does not participate in committing the offense.

Question 6

May a defendant be convicted upon the uncorroborated testimony of a co-conspirator?

Answer 6

No

Question 7

Overt act requirement for being charged with attempt

Answer 7

The defendant must commit an act in furtherance of the crime that comes dangerously near to completing the crime.

Question 8

The abandonment defense to attempt

Answer 8

Abandonment is an affirmative defense to attempt. The defendant must manifest a voluntary and complete renunciation of his actions and avoid commission of the object crime by abandoning the criminal effort.