Penal Law § 110.05

§ 110.05 Attempt to commit a crime; punishment.

An attempt to commit a crime is a:

1. Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, aggravated murder as defined in subdivision one of section 125.26 of this chapter, criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the first degree, criminal possession of a chemical or biological weapon in the first degree or criminal use of a chemical or biological weapon in the first degree;

2. Class A-II felony when the crime attempted is a class A-II felony;

3. Class B felony when the crime attempted is a class A-I felony except as provided in subdivision one hereof;

4. Class C felony when the crime attempted is a class B felony;

5. Class D felony when the crime attempted is a class C felony;

6. Class E felony when the crime attempted is a class D felony;

7. Class A misdemeanor when the crime attempted is a class E felony;

8. Class B misdemeanor when the crime attempted is a misdemeanor;

9. Class D felony when the crime attempted is bribery in the third degree as defined in section 200.00 of this chapter, a class C felony when the crime attempted is bribery in the second degree as defined in section 200.03 of this chapter and a class B felony when the crime attempted is bribery in the first degree as defined in subdivision two of section 200.04 of this chapter.