People v. Arias

—Appeal by the defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered July 16, 1987, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention on appeal, the Supreme Court did not err in failing to charge assault in the third degree as a lesser-included offense of intentional murder. There is no reasonable view of the evidence which would permit a finding that the defendant intended to and did cause only physical injury to the…