Opinion
April 24, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered April 2, 1998, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Santucci, J. P., Altman, Friedmann and McGinity, JJ., concur.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the defendant ( see, People v. Martin, 59 N.Y.2d 704, 705), the trial court properly refused to charge assault in the third degree ( see, Penal Law § 120.00) as a lesser-included offense. Under the facts of this case, no reasonable view of the evidence supports the conclusion that the defendant recklessly caused physical injury to the complainant ( see, People v. Long, 259 A.D.2d 634; People v. Wheeler, 234 A.D.2d 573; People v. Zayas, 140 A.D.2d 395).
The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).