People v. Doolen

Judgment unanimously affirmed. Memorandum: In this appeal from his conviction of reckless endangerment in the first degree defendant contends, among other claims, that the trial court erred in charging sua sponte, that the jury could consider whether defendant was guilty of reckless endangerment. The defendant did not object to the charge nor make any request in respect of it. He raises the question for the first time on this appeal. Defendant now asserts that the crime of reckless endangerment, first degree, is not a lesser included offense of the crime of attempted assault for which he was…