People v. Murray (148 A.D.2d 1006, 1989)

Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The conviction of attempted assault in the second degree (Penal Law § 120.05 [3]) must be reversed because "the crime * * * is a legal impossibility” (People v Campbell, 72 NY2d 602, 607). (Appeal from judgment of Genesee County Court, Morton, J. — attempted assault, second degree.) Present — Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.