People v. Gormley

By section 261 of the Penal Law a person who unsuccessfully attempts to commit a crime is indictable, and, when the crime attempted is not punishable by the death of the offender or by imprisonment for life, is punishable by imprisonment for *257not more than one-half of the longest term prescribed upon a conviction for the commission of the offense attempted. Each of the defendants herein, upon his conviction, was sentenced to State prison for not less than ten years or more than twenty-five years.

The defendants were arrested on the morning of January 13, 1927, on Westchester square, in the…