People v. Van Norstrand

—Judgment affirmed. Memorandum: Defendant was convicted of assault in the first degree as the result of injuries he caused to his four-month-old son. The trial court did not err by denying defendant’s request to submit to the jury the lesser included offense of assault in the third degree. Viewing the evidence in the light most favorable to defendant, we conclude that there is no reasonable view of the evidence to support a finding that defendant acted recklessly and not with depraved indifference to human life (see, People v Randolph, 81 NY2d 868, 869; People v Glover, 57 NY2d 61, 63).…