People v. Figueroa

The trial court properly denied the defendant’s request to charge assault in the third degree (see Penal Law § 120.00 [1]) *1004as a lesser-included offense of assault in the second degree (see Penal Law § 120.05 [1]). Contrary to the defendant’s contention, viewing the evidence in the light most favorable to him (see People v Randolph, 81 NY2d 868, 869 [1993]; People v Martin, 59 NY2d 704, 705 [1983]), no reasonable view of the evidence supported a finding that the injury he caused was anything less than a serious physical injury (see People v Vasquez, 25 AD3d 465, 466 [2006]; Penal Law § 10.00…