PEOPLE v. SMITHERMAN


297 A.D.2d 352 (2002)

746 N.Y.S.2d 403

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONDU PARRISH SMITHERMAN, Appellant.

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

Decided August 19, 2002.


Ordered that the judgment is affirmed.

The defendant contends that the trial court should have charged assault in the second degree as a lesser-included offense of assault in the first degree because a reasonable view of the evidence could support a finding that he recklessly caused serious physical injury to the complainant (see Penal Law § 120.05 [4]). However, the defendant's request at trial to charge second...

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