People v. Rondu Parrish Smitherman

*353The defendant contends that the trial court should have charged assault in the second degree as a lesser-included offense of assault in the first degree because a reasonable view of the evidence could support a finding that he recklessly caused serious physical injury to the complainant (see Penal Law § 120.05 [4]). However, the defendant’s request at trial to charge second degree assault as a lesser-included offense was based solely upon the theory that he intended to cause physical injury rather than serious physical injury to the complainant (see Penal Law § 120.05 [2]). Thus, his present…