People v. Acosta, 80 N.Y.2d 620 (1992)

A person who orders narcotics, admits a courier, and examines the drugs, but rejects them due to quality, has committed attempted possession, as they have moved beyond mere preparation and are “very near” to completing the crime.

Summary

Acosta was convicted of conspiracy and attempted possession of cocaine. The attempted possession charge stemmed from an incident where Acosta negotiated a cocaine purchase over the phone, a courier arrived at his apartment with a package, and Acosta subsequently rejected the delivery due to quality concerns. The New York Court of Appeals reversed the Appellate Division’s decision, holding that Acosta’s actions constituted a criminal attempt because he had progressed beyond mere preparation by arranging for the delivery, admitting the courier, and examining the drugs. The court emphasized that the remaining step, acceptance, was entirely within his control.

Facts

Defendant Acosta was the subject of a narcotics investigation. Wiretaps revealed negotiations with Luis Rojas to purchase cocaine. Rojas called Acosta to confirm readiness, and Acosta invited him over. A man arrived at Acosta’s apartment building with a heavy bag. Shortly after, Acosta told an associate the