PEOPLE v. CLARK


161 A.D.2d 1181 (1990)

The People of the State of New York, Respondent, v. Frankie Clark, Sr., Appellant

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

May 11, 1990


Judgment unanimously affirmed.

Memorandum:

Defendant contends that the trial court erred in charging assault in the second degree based on reckless conduct (see, Penal Law § 120.05 [4]) as a lesser included offense of assault in the first degree because there is no reasonable view of the evidence that would support a finding that he committed the lesser offense but not the greater (see, People v Glover, 57 N.Y.2d...

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