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.