Opinion
February 23, 1998
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the trial court correctly declined to charge assault in the third degree as a lesser included offense of assault in the first degree ( see, People v. Martin, 59 N.Y.2d 704; People v. Glover, 57 N.Y.2d 61; People v. Berry, 123 A.D.2d 477; People v. Greene, 111 A.D.2d 183, People v. Higgins, 124 A.D.2d 966, People v. Palmer, 197 A.D.2d 712; cf., People v. Fasano, 107 A.D.2d 1052; People v. Fugaro, 96 A.D.2d 659).
The defendant's remaining contentions, including those raised in his pro se supplemental brief, are either unpreserved for appellate review, without merit, or based on matter dehors the record.
Thompson, J.P., Joy, Goldstein and Luciano, JJ., concur.