People v. Campbell

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cohen, J.), rendered January 16, 1986, convicting him of attempted assault in the second degree (two counts), and sexual abuse in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

*864Contrary to the defendant’s contention, the trial court properly considered the crime of attempted assault in the second degree as a lesser included offense of assault in the second degree under Penal Law § 120.05 (3), since the evidence adduced at the trial was sufficient to entitle the…