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PEOPLE v. HORLBACK

294 A.D.2d 151 (2002)

741 N.Y.S.2d 406

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH HORLBACK, Appellant.

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

Decided May 9, 2002.

The court properly declined to charge assault in the second degree under a theory of recklessness (Penal Law § 120.05 [4]) as a lesser included offense of assault in the first degree (Penal Law § 120.10 [1], [2]), since no reasonable view of the evidence, viewed in the light most favorable to defendant (see, People v Martin, 59 N.Y.2d 704, 705), would support a finding that he acted only recklessly, rather than intentionally...

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