Judgment unanimously affirmed.
Memorandum:
The trial court did not err in refusing to charge reckless assault in the third degree (Penal Law § 120.00 [2]) as a lesser included offense of assault in the second degree (Penal Law § 120.05 [2]). A person acts "recklessly" when he consciously disregards a substantial and unjustifiable risk and his conduct constitutes a gross deviation from the behavior expected of a reasonable person (Penal Law §...
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