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

N.Y. Penal Law § 105.17 (2026)

Conspiracy in the first degree

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 105.17 Conspiracy in the first degree.
  A person is guilty of conspiracy in the first degree when, with intent
that conduct constituting a class A felony 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 first degree is a class A-I felony.
Notes of Decisions
Cited in 7 cases, 2002–2011 · leading case: People v. Harris, 779 N.E.2d 705 (N.Y. 2002).
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People v. Harris, 779 N.E.2d 705 (N.Y. 2002). “Defendant submits that the classification of felony murder is not only underinclusive in that equally serious crimes are treated unequally but it is perverse in treating lesser crimes more harshly than serious ones.”
People v. Ackies, 79 A.D.3d 1050 (N.Y. App. Div. 2d Dep't 2010). · cites it 2× “Those counts charged the crime of conspiracy in the first degree, predicated upon allegations that these defendants, while being over the age of 18, unlawfully conspired with Blackman, while he was under the age of 16 (Penal Law § 105.17). Although the evidence before the grand…”
People v. Austin, 9 A.D.3d 369 (N.Y. App. Div. 2d Dep't 2004). · cites it 3× “Twenty-four of the defendants were each charged under the same indictment with one count of conspiracy in the first degree (see Penal Law § 105.17). All 27 of the defendants were charged under the 178-count indictment with conspiracy in the second degree (see Penal Law § 105.”
People v. Anonymous, 43 A.D.3d 806 (N.Y. App. Div. 1st Dep't 2007). “In 1997, defendant was convicted of conspiracy in the first degree (Penal Law § 105.17). Although the conspiracy related to class A drug felonies, the court properly denied his motion because resentencing under the Drug Law Reform Act is only available to those persons who were…”
People v. Austin, 2 Misc. 3d 431 (N.Y. Sup. Ct. 2003). · cites it 4× “Conspiracy in the First Degree Penal Law § 105.17 reads as follows: “A person is guilty of conspiracy in the first degree when, with intent that conduct constituting a class A felony be performed, he, being over eighteen years of age, agrees with one or more persons under…”
People v. Taylor, 88 A.D.3d 821 (N.Y. App. Div. 2d Dep't 2011). “1327/06, with conspiracy in the first degree (two counts) (Penal Law § 105.17) and conspiracy in the second degree (two counts) (Penal Law § 105.”
People v. Ashton, 5 Misc. 3d 233 (N.Y. Sup. Ct. 2004). · cites it 2× “Defendants challenge the sufficiency of the evidence presented to the grand jury in support of counts one and two of the indictment, charging them with conspiracy in the first degree (Penal Law § 105.17) on the ground that the evidence fails to establish that the defendants…”
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