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PEOPLE v. BARKSDALE

S.C.I. No. 14-01427, 2015-05088.

139 A.D.3d 1080 (2016)

30 N.Y.S.3d 849

2016 NY Slip Op 04067

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT BARKSDALE, Appellant.

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

Decided May 25, 2016.

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.

As the People correctly concede, attempted assault in the second degree, as defined by subdivision (3) of Penal Law § 120.05, is a legal impossibility (see People v Campbell, 72...

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