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You are here: Home1 / Criminal Law2 / THE ATTEMPTED GANG ASSAULT CHARGE WAS A LEGAL IMPOSSIBILITY FOR TRIAL PURPOSES...
Criminal Law

THE ATTEMPTED GANG ASSAULT CHARGE WAS A LEGAL IMPOSSIBILITY FOR TRIAL PURPOSES (FIRST DEPT).

The First Department, vacating defendant’s conviction, determined the charged crime was a legal impossibility:

“[A]ttempted gang assault in the second degree is a legal impossibility for trial purposes” … . “One cannot attempt to create an unintended result” … . People v Delacruz, 2019 NY Slip Op 08498, First Dept 11-21-19

 

November 21, 2019
Tags: First Department
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https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 Bruce Freeman https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png Bruce Freeman2019-11-21 11:15:162020-01-24 05:48:22THE ATTEMPTED GANG ASSAULT CHARGE WAS A LEGAL IMPOSSIBILITY FOR TRIAL PURPOSES (FIRST DEPT).
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