It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him of assault in the second degree (Penal Law § 120.05 [2]), defendant contends that County Court erred in failing to instruct the jury that it could consider the lesser included offense of assault in the third degree (Penal Law § 120.00 [1]). We disagree. The People presented uncontroverted evidence...
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