Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant submitted a written request that reckless assault in the third degree (Penal Law § 120.00 [2]) be charged as a lesser included offense of intentional assault in the second degree (Penal Law § 120.05 [2]). Supreme Court erred in denying that request.
The investigating officer testified on cross-examination that defendant made an oral statement to the effect...
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