Brief Fact Summary. Defendants were convicted of solicitation to commit a felony. Defendants argue that the evidence did not support the conviction. The main evidence offered was the individual who was contacted by Defendants never intended to participate in the felony and contacted the police.
Synopsis of Rule of Law. For the crime of solicitation, the communication itself with intent the other engage in unlawful conduct is enough; it needs no corroboration.
Issue. Whether the evidence supported a conviction for solicitation to commit a felony under New York law.
The crime of solicitation does not require an overt act; it is complete when the solicitation is made. It is immaterial that the object of the solicitation is never consummated.
The communication itself with intent the other person engage in the unlawful conduct is enough, it needs no corroboration.
The California Legislature was concerned not only with the prevention of the harm that would result should the inducements prove successful, but with protecting inhabitants of this state from being exposed to inducements to commit or join in the commission of the crimes specified.View Full Point of Law