Opinion
2000-09632
Argued February 4, 2002.
March 5, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered October 11, 2000, convicting him of assault in the second degree and reckless endangerment in the second degree, upon a jury verdict, and imposing sentence.
Judah Maltz, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, Kim Peterson, and Antasia Spanakos of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The trial court properly denied the defendant's request to charge the jury that it could consider assault in the third degree as a lesser-included offense of assault in the second degree. There was no reasonable view of the evidence that would have supported such a charge (see, CPL 300.50).
The defendant's remaining contentions are without merit.
FEUERSTEIN, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.