Opinion
March 10, 1989
Appeal from the Genesee County Court, Morton, J.
Present — Dillon, P.J., Boomer, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The trial court did not err in declining defendant's request to charge third degree assault (Penal Law § 120.00 [reckless conduct], [3] [criminally negligent conduct]) as lesser included offenses of second degree intentional assault (Penal Law § 120.05). Viewing the evidence in the light most favorable to defendant (see, People v. Greer, 42 N.Y.2d 170), we see nothing in the record which would support a finding that defendant acted other than intentionally when he struck the victim (see, CPL 300.50; People v. Green, 56 N.Y.2d 427, 430, 434, rearg denied 57 N.Y.2d 775; People v. Johnson, 110 A.D.2d 1057, lv denied 66 N.Y.2d 615).