A prosecutor's charge-down request, following a nonjury trial, puts in focus, on a first impression basis, the applicability of three lesser included crimes, whether reckless driving (Vehicle and Traffic Law § 1190) and assault in the third degree (Penal Law § 120.00 [2], [3]) are lesser included crimes with respect to the indicted charge of vehicular assault (Penal Law § 120.03).
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