Ordered that the judgment is affirmed.
The defendant's contention that the trial court erred in failing to charge the jury on assault in the third degree (Penal Law § 120.00 [2], [3]) as a lesser included offense is without merit. The evidence adduced at trial established that the defendant either acted intentionally, or acted reflexively — without any awareness, but there was no reasonable view of the evidence from which the jury could find that the defendant...
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