Under New York law, is unilateral conspiracy allowed?

• A. No
• B. Only if the underlying crime requires two or more participants
• C. Yes
• D. It depends on the underlying crime

Answer: (C)

Unilateral conspiracy is allowed under New York law. The essential idea is that the crime of conspiracy hinges on an agreement to commit a crime and an overt act in furtherance of that agreement, not on the exact identity of the co-conspirator. A defendant can be guilty of conspiracy even if the other participant is unknown or uncharged, because the law recognizes an agreement with someone else who may be unidentified. Proof can come from the defendant’s intent to enter into an agreement and the steps taken to carry it out, regardless of whether the other party’s identity is known to the prosecution. That’s why the correct answer is Yes.