N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Anticipatory Offenses / ARTICLE Conspiracy
New York Consolidated Laws

N.Y. Penal Law § 105.10 (2026)

Conspiracy in the fourth degree

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 105.10 Conspiracy in the fourth degree.
  A person is guilty of conspiracy in the fourth degree when, with
intent that conduct constituting:
  1. a class B or class C felony be performed, he or she agrees with one
or more persons to engage in or cause the performance of such conduct;
or
  2. a felony be performed, he or she, 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; or
  3. the felony of money laundering in the third degree as defined in
section 470.10 of this chapter, be performed, he or she agrees with one
or more persons to engage in or cause the performance of such conduct.
  Conspiracy in the fourth degree is a class E felony.
Notes of Decisions
Cited in 106 cases (18 in the last 5 years), 1985–2026 · leading case: People v. Gagnier, 146 A.D.3d 1019 (N.Y. App. Div. 3d Dep't 2017).
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People v. Gagnier, 146 A.D.3d 1019 (N.Y. App. Div. 3d Dep't 2017). “a class B or class C felony be performed, [defendant] agree [d] with one or more persons to engage in or cause the performance of such conduct” (Penal Law § 105.10 [1]). A person may be convicted of conspiracy so long as an overt act is alleged and shown to have been committed…”
People v. Hafeez, 792 N.E.2d 1060 (N.Y. 2003). · cites it 2× “" [4] Penal Law § 105.10 (1) states that a person "is guilty of conspiracy in the fourth degree when, with intent that conduct constituting * * * a class B or class C felony be performed, he or she agrees with one or more persons to engage in or cause the performance of such…”
People v. Leisner, 535 N.E.2d 647 (N.Y. 1989). · cites it 2× “Ultimately, appellants were convicted solely of conspiracy in the fourth degree (Penal Law § 105.10 [1]), and sentenced to indeterminate terms of imprisonment of from 1 to 4 years.”
In re Kim, 209 A.D.2d 127 (N.Y. App. Div. 1st Dep't 1995). · cites it 2× “Respondent contends that conspiracy to commit bank fraud in violation of 18 USC § 371 is not "essentially similar” to conspiring to commit grand larceny in the second degree in violation of Penal Law § 105.10. Respondent claims that the New York State conspiracy statute requires…”
People v. Kozlowski, 898 N.E.2d 891 (N.Y. 2008). “10), one count of fourth degree conspiracy (Penal Law § 105.10 [1]) and one Martin Act count of securities fraud (General Business Law § 352-c [5]).”
People v. Vargas, 72 A.D.3d 1114 (N.Y. App. Div. 3d Dep't 2010). “iction for conspiracy in the fourth degree, the proof demonstrated that defendant entered into an agreement with one or more of his co-defendants to engage in conduct constituting a class B felony, defendant intended that conduct constituting this crime be performed, and at…”
People v. Leduc, 140 A.D.3d 1305 (N.Y. App. Div. 3d Dep't 2016). “, the possession of one-half ounce or more of a substance containing methamphetamine (People v Parsons, 275 AD2d 933 , 934 [2000], lv denied 95 NY2d 937 [2000], cert denied 532 US 998 [2001] [internal quotation marks and citation omitted]; see Penal Law §§ 105.10 [1]; 220.09…”
People v. Monday, 309 A.D.2d 977 (N.Y. App. Div. 3d Dep't 2003). · cites it 2× “As relevant here, a person commits conspiracy in the fourth degree “when, with intent that conduct constituting * * * a class B or class C felony be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct” (Penal Law § 105.10…”
United States v. Antico, 692 F.3d 79 (2d Cir. 2012). “” N.Y. Penal Law § 105.10 (1). A conspiracy charge “require[s] the government to prove, beyond a reasonable doubt, that the defendant knew the specific nature of the conspiracy or underlying crime.”
People v. Brown, 788 N.E.2d 1030 (N.Y. 2003). “The jury also convicted defendant of one count of conspiracy in the fourth degree (Penal Law § 105.10), two counts of criminal sale of a firearm in the third degree (Penal Law § 265.”
People v. Hilliard, 49 A.D.3d 910 (N.Y. App. Div. 3d Dep't 2008). “nce supporting his conviction for conspiracy in the fourth degree, we find that the People proved that defendant, Wells and Dawson, acting in concert, agreed to commit robbery in the first degree, a class B felony, and that defendant intended that conduct constituting the object…”
People v. Gerena, 10 N.Y.3d 958 (N.Y. App. Div. 4th Dep't 2008). “As the court properly determined, the predicate felony “is equivalent to a New York felony” (People v Gonzalez, 61 NY2d 586, 589 [1984]; see Penal Law § 105.10 [1]; § 220.16 [1]). We have examined defendant’s remaining contentions and conclude that they are lacking in merit.”
Show all 106 citing cases →
N.Y. Penal Law § 105.10(1): 6 cases
Scheiner v. Wallace, 832 F. Supp. 687 (S.D.N.Y. 1993).
Scheiner v. Wallace, 860 F. Supp. 991 (S.D.N.Y. 1994).
Scheiner v. Wallace, 955 F. Supp. 232 (S.D.N.Y. 1997).
Matter of Connelly, 2025 NY Slip Op 00091 (N.Y. App. Div. 2d Dep't 2025).
Nunez v. Danforth, No. 1:20-cv-10230 (S.D.N.Y. Dec. 30, 2022).
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