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

N.Y. Penal Law § 105.15 (2026)

Conspiracy in the second degree

✓ current as of May 2026
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§ 105.15 Conspiracy in the second degree.
  A person is guilty of conspiracy in the second degree when, with
intent that conduct constituting a class A felony be performed, he
agrees with one or more persons to engage in or cause the performance of
such conduct.
  Conspiracy in the second degree is a class B felony.
Notes of Decisions
Cited in 181 cases (28 in the last 5 years), 1983–2026 · leading case: People v. Caban, 833 N.E.2d 213 (NY 2005).
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People v. Caban, 833 N.E.2d 213 (NY 2005). “A conspiracy consists of an agreement to commit an underlying substantive crime (here, murder), coupled with an overt act committed by one of the conspirators in furtherance of the conspiracy {see Penal Law §§ 105.15, 105.20). Thus, with respect to the conspiracy charge,…”
Stone v. United States, 37 F.4th 825 (2d Cir. 2022). · cites it 2× “§ 1959 , with (1) conspiracy to murder in aid of racketeering in violation of N.Y. Penal Law §§ 105.15 , 125.25(1) (Count 11), and (2) murder in aid of racketeering in violation of N.”
People v. Carvajal, 845 N.E.2d 1225 (NY 2005). · cites it 2× “[4] "A person is guilty of conspiracy in the second degree when, with intent that conduct constituting a class A felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct" (Penal Law § 105.15). At the time of defendant's…”
People v. Edwards, 754 N.E.2d 169 (NY 2001). · cites it 4× “25 [1]), conspiracy in the second degree (Penal Law § 105.15) and criminal possession of a weapon in the second degree (Penal Law § 265.”
The People v. Benny Garay, 30 N.E.3d 145 (NY 2015). · cites it 2× “Garay was charged with conspiracy in the second degree (Penal Law § 105.15); criminal possession of a controlled substance in the first degree (Penal Law § 220.”
People v. Faccio, 33 A.D.3d 1041 (N.Y. App. Div. 2006). · cites it 2× “To convict defendant of conspiracy in the second degree, the jury was required to find that he “agree[d] with one or more persons to engage in or cause the performance of [murder in the second degree],” and that one of the conspirators committed an overt act in furtherance of…”
People v. Sweet, 2021 NY Slip Op 07031 (N.Y. App. Div. 2021). “"A person is guilty of conspiracy in the second degree when, with intent that conduct constituting a class A felony be performed, he [or she] agrees with one or more persons to engage in or cause the performance of such conduct" (Penal Law § 105.15). At trial, the victim's…”
People v. Ackies, 79 A.D.3d 1050 (N.Y. App. Div. 2010). · cites it 2× “In the indictment under review here, the defendant Rasheem Blackman was charged with, inter alia, four counts of conspiracy in the second degree (Penal Law § 105.15). Counts 3 and 15 allege two distinct conspiracies, each premised upon the object crime of criminal sale of a…”
People v. Reyes, 95 N.E.3d 562 (2018). · cites it 2× “2d 932 [1983] ), we conclude that the evidence is legally insufficient to support the conviction of conspiracy in the second degree ( Penal Law § 105.15 ) because "there is [no] valid line of reasoning and permissible inferences from which a rational jury could have found the…”
People v. DePonceau, 96 A.D.3d 1345 (N.Y. App. Div. 2012). · cites it 2× “Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of two counts each of conspiracy in the second degree (Penal Law § 105.15) and conspiracy in the fifth degree (§ 105.”
People v. Borukhova, 89 A.D.3d 194 (N.Y. App. Div. 2011). “This evidence was insufficient to establish, prima facie, that Sofya was an uncharged coconspirator in the murder plan (see Penal Law § 105.15). Since the coconspirator exception to the hearsay rule does not apply, it was error for the trial court to admit evidence of Sofya’s…”
People v. Adams, 2022 NY Slip Op 00076 (N.Y. App. Div. 2022). · cites it 2× “Initially, defendant was charged with one count of conspiracy in the second degree (count 1) ( see Penal Law § 105.15), two counts of criminal sale of a controlled substance in the first degree (counts 43 and 78) ( see Penal Law § 220.”
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