(a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending but failing to effect its commission, is an attempt to commit that offense. (b) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed. (c) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
New York Legal Code