Review of defendant's claim that second degree assault under a theory of recklessness (Penal Law § 120.05 [4]) should have been charged as a lesser included offense of first degree assault is foreclosed, since the jury found defendant guilty of attempted murder in the second degree and, pursuant to the court's instructions, which the jury presumably followed, it had no occasion to consider the first degree assault count submitted in the alternative (see, People v...
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