Opinion
October 26, 1984
Appeal from the Supreme Court, Suffolk County (D'Amaro, J.).
Judgment affirmed. This case is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd. 5).
Attempted assault in the second degree was properly charged as a lesser included offense of attempted assault in the first degree (see People v Glover, 57 N.Y.2d 61). Titone, J.P., Lazer, Bracken and Boyers, JJ., concur.