Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in refusing to charge assault in the third degree (Penal Law § 120.00 [1]) as a lesser included offense of assault in the second degree (Penal Law § 120.05 [2]). We disagree. As the People concede, since it is theoretically impossible to commit assault in the second degree as charged without also committing assault in the third degree, the first part of the Glover...
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