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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

 

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