People v. Funchess

—Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered January 5, 1999, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the County Court did not err in denying his request to charge the jury on reckless assault in the third degree as a lesser-included offense of intentional assault in the second degree. To be entitled to a charge on a lesser-included offense, a defendant must demonstrate that the additional offense is a…