PEOPLE v. WALKER


168 A.D.2d 983 (1990)

The People of the State of New York, Respondent, v. Donald Walker, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 21, 1990


Judgment unanimously affirmed.

Memorandum:

The court properly refused to charge assault in the third degree as a lesser included offense of assault in the second degree. Viewing the evidence in the light most favorable to the defendant, we find that defendant's own testimony that he acted in self-defense negated any claim of reckless conduct, and that there was no reasonable view of the evidence that would support a finding that defendant committed assault...

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