Court of Appeals of NY, 1927
- D intended to rob a payroll man with 3 others and police were following them.
- 2 of the Ds had firearms.
- Police intervened and arrested the D and 3 others before they could find the man that they wanted to rob.
- The man they wanted to rob was not even at the location where they were arrested.
Procedural History: Lower court convicted the D of attempt to commit the crime of robbery in the first degree and was sentenced to state prison. D appealed.
Issue: Did D’s acts constitute a crime in itself?
Holding: No. D’s acts were merely preparation.
- Ds acts were too remote with respect to the commission of the crime to constitute attempted robbery because he had not found or seen the man he intended to rob.
- The act or acts must come or advance very near to the accomplishment of the intended crime.
- No attempt to rob the man could be made at least until he came into sight.
Disposition: Reversed. New trial ordered.