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PEOPLE v. CARMONA

27 A.D.3d 574 (2006)

811 N.Y.S.2d 431

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CARMONA, Also Known as JOSE CRUZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 14, 2006.

Ordered that the judgment is modified, on the law, by vacating the convictions of attempted assault on a police officer, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

As the People correctly concede, the attempt to assault a police officer is a legal impossibility (see Penal Law §§ 110.00, 120.08; People v Campbell, 72 N.Y.2d 602<...

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