Defendant was found guilty of assault in the first degree on evidence that he struck Luis Nieves in the left arm with a machete, slicing down into the bone, while repeatedly screaming, "I'm going to kill you."
Defendant was not entitled to a charge on assault in the second or third degrees as lesser included offenses of assault in the first degree, as no reasonable view of the evidence would support a finding that defendant committed the lesser offenses but not the...
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