Opinion
No. 68 SSM 14
06-16-2022
The PEOPLE of the State of New York, Respondent, v. Luis SERRANO, Appellant.
Steven M. Sharp, Albany, for appellant. Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Steven M. Sharp, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
OPINION OF THE COURT
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, 106 N.Y.S.3d 277, 130 N.E.3d 873 [2019] ). Furthermore, defendant received effective assistance of counsel (see People v. Benevento, 91 N.Y.2d 708, 712–715, 674 N.Y.S.2d 629, 697 N.E.2d 584 [1998] ). Defendant's remaining contentions, in particular his challenges to the admission of certain testimony, are unpreserved or waived.
Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order affirmed, in a memorandum.