Legal Opinion

People v. McFadden

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 2006PublishedCited by 5 opinions

1Opinion of the Court

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered June 14, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [3]), defendant contends that the judgment must be reversed because that crime is a legal impossibility. We disagree. “Although the crime of…

2Cases cited5 opinions

  1. People v. FosterNew York Court of Appeals · 1967
  2. People v. CampbellNew York Court of Appeals · 1988
  3. People v. GuishardAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. DownsAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. DanielsAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by5 opinions

  1. People v. MayoAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. MillimanAppellate Division of the Supreme Court of the State of New York · 2014
  3. MILLIMAN, SCOTT A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. GuccioneNew York Supreme Court · 2007
  5. People v. MillimanAppellate Division of the Supreme Court of the State of New York · 2014

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