The assault and reckless endangerment charges of which appellant was convicted arose out of the same criminal transaction. The definition of endangerment in the first degree is virtually identical to that of assault in the first degree, except that it does not include the additional element of causing serious physical injury. Thus, reckless endangerment in the first degree is a lesser included offense of assault in the first degree (see CPL 1.20, subd 37). Since a verdict...
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