Ordered that the judgment is affirmed.
The defendant violently struck the complainant in the head with a hatchet. He was convicted, as charged, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and of assault in the first degree (Penal Law § 120.10 [1]). He contends that the charge of assault in the first degree should be dismissed because that crime is a lesser included offense of the crime of attempted murder (see,...
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