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PEOPLE v. JOHNSON

2019-10905. Ind. No. 17-00543.

191 A.D.3d 801 (2021)

138 N.Y.S.3d 393

2021 NY Slip Op 00865

The People of the State of New York, Respondent, v. Carl Johnson, Appellant.

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

Decided February 10, 2021.

Attorney(s) appearing for the Case

Kenyon C. Trachte , Newburgh, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Andrew R. Kass of counsel), for respondent.

Rivera, J.P., Barros, Connolly, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his plea of guilty to attempted assault in the second degree under Penal Law § 120.05(3) was not invalid. Although that crime is a legal impossibility (see People v Campbell, 72 N.Y.2d 602, 607 [1988]; People v Nieves, 73 A.D.3d 1087 [2010]), a defendant may plead guilty to a legally impossible, nonexistent...

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