Opinion
July 12, 1996
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Green, J.P., Lawton, Fallon, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention that defendant was denied effective assistance by defense counsel's failure to request that Supreme Court consider assault in the second degree (Penal Law § 120.05, [4]) and reckless endangerment in the second degree (Penal Law § 120.20) as lesser included offenses of attempted murder in the first degree (Penal Law § 110.00, 125.27 Penal). Neither assault ( see, People v. Lord, 103 A.D.2d 1032; People v. Grant, 96 A.D.2d 867, 868) nor reckless endangerment ( see, People v. Ramirez, 55 N.Y.2d 708) is a lesser included offense of attempted murder.
Defendant's waiver of a jury trial is authorized by CPL 320.10. The indictment did not charge defendant with the crime of murder in the first degree ( see, CPL 320.10).
The sentence of 15 years to life is the minimum permitted by law for attempted murder in the first degree ( see, Penal Law § 70.00 [a]; [3] [a] [i]) and thus the sentence cannot be modified in the exercise of our interest of justice jurisdiction ( see, CPL 470.15 [b]).