OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed. County Court properly denied defendant's request to charge assault in the third degree (Penal Law § 120.00[1]) as a lesser included offense of assault in the first degree (see People v Almonte, 33 N.Y.3d 1083, 1084 [2019]). Furthermore, defendant received effective assistance of counsel (see People v Benevento,
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