Attempted Unauthorized Practice of the Profession of Massage Charges
In People v. Lupinos (176 Misc 2d 852 [Crim Ct, Richmond County 1998]), the defendants were charged with attempted unauthorized practice of the profession of massage (after a reduction from unauthorized practice of a profession).
The court dismissed the charge, holding that it lacked jurisdiction because the defendants were charged with "a hypothetical and nonexistent crime." (Id., at 855.)
Emphasizing the broadness of the statute's reach, the court reasoned that "the clear and plain language of this statute manifests a legislative intent to proscribe all aspects of the unlicensed practice of any regulated profession including an attempt to practice. " (Id., at 855.)
Thus, the defendants had been improperly charged with "an attempt to commit attempt." (Id.)