New York Court of Appeals

The People of the State of New York, Respondent v. Samuel Jaffe, Appellant

June 21, 1906185 N.Y. 497

Summary

The Court of Appeals reversed the conviction of Samuel Jaffe for attempt to receive stolen property, holding that an attempt conviction is unavailable when the underlying act would not be criminal if completed because the property was not actually stolen. The decision rests on the statutory requirement of knowledge that the property is stolen, which cannot be satisfied when the property is not stolen.