There is no merit to defendant's argument that the crime of attempted murder in the second degree under a theory of transferred intent (Penal Law § 125.25 [1]) is a nonexistent crime since it imposes liability for an unintended result — the death of an unintended victim — and it is impossible to attempt to bring about an unintended result. Unlike the crimes of assault in the second degree (Penal Law 120.05 [3]) and manslaughter in the first degree (Penal...
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