People v. Pilgrim

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered January 16, 1996, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the trial court correctly declined to charge assault in the third degree as a lesser included offense of assault in the first degree (see, People v Martin, 59 NY2d 704; People v Glover, 57 NY2d 61; People v Berry, 123 AD2d 477; People v…