Yesawich Jr., J.
Defendant, an inmate at Great Meadow Correctional Facility in Washington County, pleaded guilty to five counts of attempted assault in the second degree in satisfaction of a 12-count indictment charging him with 10 counts of assault in the second degree (Penal Law § 120.05), criminal mischief and promoting prison contraband in the first degree.
It is legally impossible to commit the crime of attempted assault in the second degree (see, People v Campbell, 72 N.Y.2d 602, 605) and, because it is not a crime, it cannot be a lesser included offense (see, CPL 1.20; 220.20). While County Court thus lacked authority to accept this plea (CPL 220.10 [b]; see, People v Williams, 44 A.D.2d 216, 217-218; see also, People v Sicurella, 149 A.D.2d 983; People v Scott, 58 A.D.2d 661), defendant's acquiescence in the plea waived his right to complain of this infirmity (see, People v Ford, 62 N.Y.2d 275, 283; People v Liguori, 106 A.D.2d 404).
Mahoney, P.J., Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed.