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PEOPLE v. TUCKER

2015-09483. Ind. No. 0533-15.

151 A.D.3d 1085 (2017)

58 N.Y.S.3d 461

2017 NY Slip Op 05249

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TESFA TUCKER, Appellant.

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

Decided June 28, 2017.

Ordered that the judgment is modified, on the law, by vacating the convictions of attempted assault in the second degree and attempted obstructing governmental administration in the second degree and vacating the sentences imposed thereon; as so modified, the judgment is affirmed.

As the People correctly concede, attempted assault in the second degree, as defined by Penal Law § 120.05 (3), is a legal impossibility (see People v Campbell,

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