Opinion
December 16, 1985
Appeal from the County Court, Dutchess County (Aldrich, J.).
Judgment affirmed.
Defendant's claims of ineffective assistance of counsel do not warrant reversal since neither inadequacy nor ineffectiveness was demonstrated; nor could defense counsel be described as lacking reasonable competence (see, People v Baldi, 54 N.Y.2d 137). Moreover, the trial court did not err in refusing to charge the jury with assault in the third degree as a lesser included offense since assault in the second degree pursuant to Penal Law § 120.05 (3) requires proof only of an intent to prevent a peace officer from performing a lawful duty and does not require proof of intent to cause physical injury, an essential element of assault in the third degree (People ex rel. Gray v Tekben, 57 N.Y.2d 651, affg 86 A.D.2d 176; People v Lett, 67 A.D.2d 1077). Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.