Since defendant's request to charge assault in the third degree as a lesser included offense of assault in the second degree (Penal Law § 120.05 [2]) was based on an entirely different theory (see, Penal Law § 120.00 [1]) than defendant's current claim, that third degree assault should have been submitted since defendant recklessly caused physical injury (Penal Law § 120.00 [2]), the present claim is unpreserved for appellate review (CPL 300.50 [2];...
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