New York Court of Appeals
The People of the State of New York v. James Campbell
November 29, 198872 N.Y.2d 602
Summary
The New York Court of Appeals held that attempted assault in the second degree under Penal Law § 120.05(3) is legally impossible because the statute imposes strict liability for the injury element, and an attempt requires specific intent to cause the proscribed result. Accordingly, the Court reversed the Appellate Division and dismissed the defendant's attempted assault convictions. Justice Bellacosa dissented, arguing that the crime is cognizable and the convictions should be affirmed.