People v. Dlugash
Court of Appeals of New York
363 N.E.2d 1155 (1977)
After Bush shot Geller three times in the chest, Dlugash (defendant) stood over Geller minutes later and fired five more shots into his head and face, later telling police he believed Geller was already dead; medical experts could not conclusively establish whether Geller was still alive when Dlugash fired. Dlugash was convicted of murder, and the appellate division reversed, finding the prosecution failed to prove Geller was alive and that the conviction could not be reduced to attempted murder given Dlugash's belief that Geller was already dead; the case reached the New York Court of Appeals.
Whether a defendant charged with attempt may raise a defense that the crime was factually or legally impossible to commit, where the crime could have been committed had the circumstances actually been as the defendant believed them to be.