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PEOPLE v. DELACRUZ

10414. 513/12.

177 A.D.3d 541 (2019)

110 N.Y.S.3d 682

2019 NY Slip Op 08498

The People of the State of New York, Respondent, v. Alejandro Delacruz, Appellant.

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

Decided November 21, 2019.

"[A]ttempted gang assault in the second degree is a legal impossibility for trial purposes" (Matter of Cisely G., 81 A.D.3d 508, 508 [1st Dept 2011]; see also People v Campbell, 72 N.Y.2d 602, 605-606 [1988]). "One cannot attempt to create an unintended result" (People v Prescott, 95 N.Y.2d 655, 659 [2001]). The People's arguments for revisiting...

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