People v. Rizzo
Court of Appeals of New York
158 N.E. 888 (1927)
Relevant factsFree
Charles Rizzo (defendant) and three armed accomplices drove around the city searching for a man carrying a company payroll they intended to rob, but they never found him. Police, growing suspicious of the circling car, arrested all four men before they located their target or any payroll. Rizzo was convicted of attempted first-degree robbery and appealed.
IssueFree
Whether a defendant may be convicted of attempt without having committed an act tending toward the crime that is so near to its accomplishment that, in all reasonable probability, the crime would have been committed but for timely interference.