Opinion
December 22, 1986
Appeal from the County Court, Nassau County (Lawrence, J.).
Ordered that the judgments are affirmed, and the case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
In its charge to the jury on flight, the trial court should have instructed the jury that such evidence had slight probative value (see, People v. Yazum, 13 N.Y.2d 302, 304; People v Limage, 57 A.D.2d 906, affd 45 N.Y.2d 845; 1 CJI [NY] 9.16 p 485). However, in the absence of any objection to the flight charge on that ground, and in view of the overwhelming evidence of the defendant's guilt, we decline to reverse the judgments of conviction.
In addition, the trial court properly declined to charge the jury as to assault in the third degree as a lesser included offense since there was no reasonable view of the evidence to support such a charge (see, People v. Glover, 57 N.Y.2d 61; People v. Kinnard, 98 A.D.2d 845, affd 62 N.Y.2d 910).
We have considered the defendant's other claims and find that they are either unpreserved for appellate review or without merit. Thompson, J.P., Rubin, Lawrence and Kunzeman, JJ., concur.