People v. Porter

Judgment affirmed. Memorandum: On this appeal from a conviction, after a jury trial, of assault in the first degree, defendant asserts that the trial court erred in denying his request to charge assault in the second degree as a lesser included offense to the crime charged. The verdict rejected the defenses of justification and self-defense. The trial proof showed that on February 19, 1977 the defendant fired two shots at Le Van Way from a distance of two to five feet with a .25 caliber pistol. The first shot hit the victim in the right upper quadrant of his abdomen. The second shot, which…