The following excerpt is from United States v. Anderson, 747 F.3d 51 (2nd Cir. 2014):
To prove attempt, the government must establish beyond a reasonable doubt that the defendant (a) had the intent to commit the object crime and (b) engaged in conduct amounting to a substantial step towards its commission. United States v. Farhane, 634 F.3d 127, 145 (2d Cir.2011). [F]or a defendant to
[747 F.3d 74]
have taken a substantial step, he must have engaged in more than mere preparation, but may have stopped short of the last act necessary for the actual commission of the substantive crime. United States v. Celaj, 649 F.3d 162, 171 (2d Cir.2011) (quoting United States v. Yousef, 327 F.3d 56, 134 (2d Cir.2003)).
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