Opinion
June 27, 1988
Appeal from the Supreme Court, Queens County (Lakritz, J.).
Ordered that the judgment is affirmed.
The defendant violently struck the complainant in the head with a hatchet. He was convicted, as charged, of attempted murder in the second degree (Penal Law § 110.00, 125.25 Penal [1]) and of assault in the first degree (Penal Law § 120.10). He contends that the charge of assault in the first degree should be dismissed because that crime is a lesser included offense of the crime of attempted murder (see, CPL 300.30; 300.40). Although assault was at one time held to be a lesser included offense of attempted murder (see, People v Rosado, 53 A.D.2d 816; People v Huffman, 60 A.D.2d 962), "[i]n the wake of the Court of Appeals decisions in People v Green ( 56 N.Y.2d 427 [rearg denied 57 N.Y.2d 775]) and People v Glover ( 57 N.Y.2d 61), such is no longer the case" (People v Davis, 95 A.D.2d 837, 838; CPL 300.30). Hence, dismissal is not required. Mangano, J.P., Bracken, Weinstein and Balletta, JJ., concur.