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PEOPLE v. LOPEZ

45 A.D.3d 493 (2007)

846 N.Y.S.2d 164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEDWIN LOPEZ, Appellant.

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

Decided November 29, 2007.

Defendant pleaded guilty to a count of the indictment charging attempted depraved indifference murder, which, as both sides agree, is a nonexistent, legally impossible crime, in that one cannot attempt a crime in which the result does not require intent (see People v Campbell, 72 N.Y.2d 602, 605 [1988]; People v Acevedo, 32 N.Y.2d 807 [1973]). This was not a situation where a defendant pleaded...

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