PEOPLE v. SATER


201 A.D.2d 323 (1994)

608 N.Y.S.2d 836

The People of the State of New York, Respondent, v. Felix Sater, Appellant

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

February 10, 1994


Since the only basis for defendant's request for a charge of assault in the second degree (Penal Law § 120.05 [2]) as a lesser included offense of assault in the first degree (Penal Law § 120.10 [1]) was that the jury could find physical injury as opposed to serious physical injury, the arguments now advanced, that second degree assault should have been submitted on the theory that defendant intended to cause only physical injury or that he recklessly caused...

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