110 of the New York Penal Law states that a person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime. Stated differently, an attempt is an act done with an intent to commit some other crime. Even though the accused may have failed in the purpose, the conduct can be treated as a crime in itself if carried far enough to cause a sufficient risk of harm. In order to prove an attempt, it is necessary to establish (1) that the defendant had the intent to commit a specific offense; and (2) that the defendant engaged in some affirmative act to carry out that intent. New York Penal Law 110.10 specifically states that where a person engages in conduct that otherwise constitutes an attempt, it is no defense to a prosecution for such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such crime could have been committed had the attendant circumstances been as such person believed them to be. While a mistake of fact may prevent a conviction on the more serious crime, there may still be criminal liability for the attempt