Opinion
No. 68 SSM 14
06-16-2022
The People & c., Respondent, v. Luis Serrano, Appellant.
Submitted by Steven M. Sharp, for appellant. Submitted by Peter H. Willis, for respondent.
Submitted by Steven M. Sharp, for appellant.
Submitted by Peter H. Willis, for respondent.
MEMORANDUM
The order of the Appellate Division should be affirmed. County Court properly denied defendant's request to charge assault in the third degree (Penal Law § 120.00 [1]) as a lesser included offense of assault in the first degree (see People v Almonte, 33 N.Y.3d 1083, 1084 [2019]). Furthermore, defendant received effective assistance of counsel (see People v Benevento, 91 N.Y.2d 708, 712-715 [1998]). Defendant's remaining contentions, in particular his challenges to the admission of certain testimony, are unpreserved or waived.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum.
Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.