Opinion
November 13, 1984
Appeal from the Supreme Court, Queens County (Clabby, J.).
Judgment affirmed.
The facts of this case support the finding that defendant intended to cause serious physical injury (assault in the first degree, Penal Law, § 120.10, subd 1). There is no reasonable view of the evidence which would have supported a finding that defendant intended to cause only physical injury within the definition of assault in the second degree (Penal Law, § 120.05, subd 2) as opposed to serious physical injury. Accordingly, the trial court's refusal to charge second degree assault was not error (see People v Blim, 63 N.Y.2d 718; People v Kinnard, 98 A.D.2d 845, aff'd. 62 N.Y.2d 910; People v Scarborough, 49 N.Y.2d 364, 372-373).
We find no merit to defendant's other contentions. Mangano, J.P., Gibbons, O'Connor and Lawrence, JJ., concur.