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PEOPLE v. KANG

309 A.D.2d 664 (2003)

766 N.Y.S.2d 343

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SUE KANG, Appellant.

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

Decided October 28, 2003.

The court properly declined to submit assault in the third degree as a lesser included offense of assault in the first degree since there was no reasonable view of the evidence, viewed most favorably to defendant, that she committed the lesser offense but not the greater.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 N.Y.2d...

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