Opinion
March 10, 1989
Appeal from the Genesee County Court, Morton, J.
Present — Dillon, P.J., Callahan, Green, Pine and Lawton, JJ.
Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The conviction of attempted assault in the second degree (Penal Law § 120.05) must be reversed because "the crime * * * is a legal impossibility" (People v. Campbell, 72 N.Y.2d 602, 607).