People v. Van Norstrand

OPINION OF THE COURT

Ciparick, J.

The issue presented on this appeal is whether the trial court committed reversible error by denying defendant’s request to *133charge third degree assault as a lesser included offense of first degree assault.

On the night of March 20, 1991, defendant called for emergency assistance on behalf of his four-month-old son. When the emergency medical technician arrived, defendant advised him that the infant fell off a bed and hit his head on a safe. The technician observed that the child was unresponsive and bruised, and transported him to the emergency room of the local…