PEOPLE v. JONES

S.C.I. No. 374/16, 2016-11330.

162 A.D.3d 902 (2018)

79 N.Y.S.3d 91

2018 NY Slip Op 04565

The People of the State of New York, Respondent, v. Roy Jones, Jr., Appellant.

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

Decided June 20, 2018.


Ordered that the judgment is modified, on the law, by vacating the conviction of attempted assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the superior court information; as so modified, the judgment is affirmed.

The crime of attempted assault in the second degree is a legal impossibility (see Penal Law § 120.05 [3]; People v Campbell, 72 N.Y.2d 602, 605 [1988...

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