New York Consolidated Laws

N.Y. Penal Law § 105.05 (2026)

Conspiracy in the fifth degree

✓ current as of May 2026

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§ 105.05 Conspiracy in the fifth degree.
  A person is guilty of conspiracy in the fifth degree when, with intent
that conduct constituting:
  1. a felony be performed, he agrees with one or more persons to engage
in or cause the performance of such conduct; or
  2. a crime be performed, he, being over eighteen years of age, agrees
with one or more persons under sixteen years of age to engage in or
cause the performance of such conduct.
  Conspiracy in the fifth degree is a class A misdemeanor.

Notes of Decisions

Cited in 86 cases (12 in the last 5 years), 1977–2026 · leading case: People v. Harris, 2022 NY Slip Op 01484 (N.Y. App. Div. 2022).

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People v. Harris, 2022 NY Slip Op 01484 (N.Y. App. Div. 2022). · cites it 2× “a felony be performed" — here, concealment of a human corpse — "he [or she] agrees with one or more persons to engage in or cause the performance of such conduct" (Penal Law § 105.05 [1]). Noisseau testified on behalf of the People at trial, pursuant to the terms of her plea…”

People v. Ohrenstein, 565 N.E.2d 493 (NY 1990). · cites it 2× “Counts charging the defendants with engaging in a conspiracy (Penal Law § 105.05) and a scheme to defraud the government (Penal Law § 195.”

People v. Gelfand, 131 Misc. 2d 268 (N.Y. Sup. Ct. 1986). · cites it 4× “On June 20, 1984, indictment number 4161/83 was filed, charging the defendants herein with conspiracy in the fifth degree (Penal Law § 105.05), with attempted grand larceny in *269 the second degree (Penal Law §§ 110.”

People v. Mattiace, 568 N.E.2d 1189 (NY 1990). “Defendant was charged with unlawful and unauthorized possession of hazardous wastes (ECL 71-2709 [2], [3]; 71-2707 [1], [2]; 27-0914 [1]; 71-2705 [2]), conspiracy, offering a false instrument for filing and criminal possession of a forged instrument (Penal Law § 105.05 [1]; §§…”

People v. Pagan, 87 A.D.3d 1181 (N.Y. App. Div. 2011). “Hence, contrary to defendant’s argument, the jury was not required to determine that defendant intentionally damaged the apartment building by setting a fire in order to convict defendant upon the conspiracy counts; rather, the jury was required to find that defendant committed…”

People v. Kern, 149 A.D.2d 187 (N.Y. App. Div. 1989). “Additionally, Scott Kern, Jon Lester and Robert Riley were charged with conspiracy in the fifth degree (Penal Law § 105.05 [1]), and Jon Lester was charged with inciting to riot (Penal Law § 240.”

Morgenthau v. Citisource, Inc., 500 N.E.2d 850 (NY 1986). “10) and conspiracy (Penal Law § 105.05). Morgenthau obtained ex parte orders authorizing the attachment of $1,140,300 belonging to Kaplan and $615,000 belonging to Friedman and temporarily restraining the alienation of $400,000 in the "Desu Consulting & Leasing Co.”

Chrysler v. Guiney, 14 F. Supp. 3d 418 (S.D.N.Y. 2014). “15 , and one count of Conspiracy in the Fifth Degree, under N.Y. Penal Law § 105.05 (1). (R & R 1.) On September 13, 2000, Justice Berry sentenced Petitioner to concurrent indeterminate terms of twenty-five years to life on the first count, eight-and-one-third to twenty-five…”

People v. Boula, 106 A.D.3d 1371 (N.Y. App. Div. 2013). “The unlawful manufacture of methamphetamine, even in the first degree, does not constitute a class A felony (see Penal Law § 220.”

People v. Robtoy, 144 A.D.3d 1190 (N.Y. App. Div. 2016). “a felony be performed, he [or she] agrees with one or more persons to engage in or cause the performance of such conduct” and at least one of the conspirators commits an overt act in furtherance of the conspiracy (Penal Law § 105.05 [1]; see Penal Law § 105.”

People v. Cantarella, 160 Misc. 2d 8 (N.Y. Sup. Ct. 1993). · cites it 2× “The evidence sufficed to establish the criminal acts of conspiracy to commit a scheme to defraud in the first degree (Penal Law §§ 105.05, 190.65) and falsifying a business record in the first degree (Penal Law § 175.”

Fox v. Commonwealth Worldwide Chauffeured Transp. of NY, LLC, 865 F. Supp. 2d 257 (E.D.N.Y 2012). “” *262 N.Y. Penal Law § 105.05 (McKinney's 2009).”

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— N.Y. Penal Law § 105.05(1) — 2 cases

Hausler v. BNP Paribas S.A., 169 F. Supp. 3d 531 (S.D.N.Y. 2016).

Matter of Sanders, 2018 NY Slip Op 4548 (N.Y. App. Div. 2018).

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