Opinion
April 5, 1985
Appeal from the Supreme Court, Monroe County, Reed, J.
Present — Dillon, P.J., Boomer, Green, O'Donnell and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: Each of the issues raised by defendant on appeal is without merit.
Absent a request by defendant that assault in the third degree under Penal Law § 120.00 (3) be charged as a lesser included offense, the court's failure to submit such charge was not error (CPL 300.50; People v. Roberts, 91 A.D.2d 1099, 1100). Nor may it be said, given the nature of the argument for acquittal made to the jury by counsel, that the absence of a request for such charge amounted to ineffective assistance of counsel ( see, People v. Jackson, 52 N.Y.2d 1027, 1029).
Defendant concedes that the People announced their readiness for trial on the record five months and 19 days after defendant's arrest. Since no argument is made that they were not in fact then ready to proceed, defendant was not denied his right to a speedy trial under CPL 30.30 ( see, People v. Kendzia, 64 N.Y.2d 331).
Finally, we do not view defendant's sentence as harsh or excessive.