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People v. Murray

148 A.D.2d 1006 Court N.Y. App. Div. Decision date 1989-03-10 English

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p. 1006
The People of the State of New York, Respondent, v Kenneth Murray, Appellant.

Judgment unanimously reversed on the law and indictment dismissed. Memorandum:

p. 1007
The 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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