PEOPLE V. JAFFE
185 N.Y. 497, 78 N.E. 169 (1906)
NATURE OF THE CASE: Jaffe (D) appealed the affirmance of his conviction for an attempt to
receive stolen property asserting that he did not violate section 550 of the New York Penal
Code.
FACTS: An indictment charged D with feloniously received twenty yards of cloth of the
value of twenty-five cents a yard belonging to J. W. Goddard & Son, knowing that the said
property had been feloniously stolen, taken and carried away from the owners. Under section
550 of the Penal Code a person who buys or receives any stolen property knowing the same to
have been stolen is guilty of criminally receiving such property. D was convicted of an
attempt to commit the crime charged in the indictment. At trial the district attorney
conceded that the goods had lost their character as stolen goods at the time when they were
offered to D. The property had been restored to the owners and was wholly within their
control and was offered to D by their authority and through their agency. The conviction was
sustained by the Appellate Division on authority that held that one may be convicted of an
attempt to commit a crime notwithstanding the existence of facts unknown to him which would
have rendered the complete perpetration of the crime itself impossible.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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