People v. Mike

Peters, J. (concurring in part and dissenting in part).

While I agree with the majority that the proof was insufficient to support a conviction of criminal sale of a controlled substance in the third degree, I believe that the evidence was further insufficient to support a conviction for attempted criminal sale of a controlled substance in the third degree. Mindful that “the boundary where preparation ripens into punishable conduct depends greatly on the facts of the particular case” (People v Mahboubian, 74 NY2d 174, 190), I conclude that defendant’s conduct did not come “ ‘dangerously near’…