NYSentencing

§ 110.10  Attempt to commit a crime; no defense.
    If   the   conduct   in  which  a  person  engages  otherwise
constitutes an attempt to commit  a  crime  pursuant  to  section
110.00,  it  is no defense to a prosecution for such attempt that
the crime charged to have been attempted was, under the attendant
circumstances,  factually or legally impossible of commission, if
such  crime  could  have  been  committed   had   the   attendant
circumstances been as such person believed them to be.