Legal Question in Criminal Law in New York

Conspiracy is generally an agreement to commit a crime between two or more individuals. In New York, the prosecutor has to prove that there was an agreement with one or more persons to engage in or cause the performance of a crime AND some overt act that would further the conspiracy along. There are different levels of conspiracy depending on the type of crime the defendants agreed to perform. The more serious the crime, the higher the conspiracy charge and the crime level.

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The act of conspiracy is committed when two or more individuals plan together to commit a criminal act. In order to prove the commission of the crime, there would have to be proof that the two or more individuals actually communicated their criminal intent and and that there was a meeting of the minds, and there has to be a showing of an act/something actually done that would tend to at least move the crime forward. E.g., to prove a conspiracy to commit a burglary, proof of the acquisition of burglary tools might provide proof.

Patricia Martin-Gibbons