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People v. Rizzo

(1927)

New York Court of Appeals - 158 N.E. 888, 246 N.Y. 334

tl;dr:

Attempt is an act so proximate and near to the crime that the crime would have been committed in all reasonable probability but for timely interference.

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Facts & HoldingPeople v. Rizzo case brief facts & holding

Facts:The defendant and others were planning to rob a man...

Holding:This conduct did not amount to attempted robbery, because the...

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People v. Rizzo | Case Brief DeepDive
Majority opinion, author: Crane, J.
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The court is tasked with determining whether the defendant's actions constitute an attempt to commit robbery in the first degree. An attempt is defined as an act done with intent to commit a crime, tending but failing to effect its commission. Acts in preparation for a crime may have a tendency towards its accomplishment, but only those acts that are proximate and near to the consummation of the crime are considered attempts. The act or acts must come very near to the accomplishment of the intended crime, and there must be dangerous proximity to success. The rule of law regarding an attempt to commit a crime is well understood, but its application to the facts of each case varies. The difficulty lies in determining the proximity and nearness of the approach to the commission of the crime. Previous cases have shown that minds differ on this matter.

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People v. Rizzo

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