People v. . Jaffe

78 N.E. 169 · New York Court of Appeals · 1906

Facts

The defendant, on October 6, 1902, in New York, attempted to purchase twenty yards of cloth belonging to J. W. Goddard & Son. He believed the cloth had been feloniously stolen. However, the property had in fact been restored to its owners and was entirely within their control. The cloth was offered to the defendant by the owners' authority and through their agency.

Procedural history

The defendant was convicted of an attempt to commit the crime in the Court of General Sessions. This conviction was subsequently sustained by the Appellate Division. The present court reversed the judgments of both the Appellate Division and the Court of General Sessions.

Issue

Can a defendant be convicted of an attempt to commit the crime of receiving stolen property when the property he sought to receive was not, in fact, stolen property?

Holding

No, a defendant cannot be convicted of an attempt to receive stolen property if the property was not actually stolen. The conviction was reversed, and the defendant was discharged.

Rule

An attempt to commit a crime cannot exist if the completed act would not constitute a crime. For the crime of criminally receiving stolen property, knowledge that the property is stolen is an essential element, which cannot exist if the property has not, in fact, been stolen. A person cannot know that which is not true, even if they believe it to be true. This differs from cases where the impossibility of completing the crime is unknown to the actor, because here, the act itself (receiving non-stolen goods) would not be criminal.

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Case brief last reviewed 2026-09-24. Prepared by CaseReader from the published opinion.