Judgment unanimously affirmed.
Memorandum:
In the first count of the indictment, defendant was charged with assault in the second degree (Penal Law § 120.05 [1]) for causing serious physical injury to another while "acting in concert" with five other persons. At trial, defendant requested the court to charge assault in the third degree (Penal Law § 120.00 [1]) as a lesser included offense. The trial court denied defendant's request based upon his...
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