Appellate Division of the Supreme Court of New York, 1989

People v. Murray

Appellate Division of the Supreme Court of New York · Decided March 10, 1989

148 A.D.2d 1006; 539 N.Y.S.2d 602; 1989 N.Y. App. Div. LEXIS 2670

Opinion of the Court

Judgment unanimously reversed on the law and indictment dismissed. Memorandum: *1007The conviction of attempted assault in the second degree (Penal Law § 120.05 [3]) must be reversed because "the crime * * * is a legal impossibility” (People v Campbell, 72 NY2d 602, 607). (Appeal from judgment of Genesee County Court, Morton, J. — attempted assault, second degree.) Present — Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.

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