People v. Harvey

—Judgment unanimously affirmed. Memorandum: After an altercation with two correction officers, defendant was indicted on two. counts of as*952sault in the second degree (Penal Law § 120.05 [7]). Following a bench trial, County Court found defendant not guilty of assault in the second degree, but convicted him of two counts of attempted assault in the second degree as a lesser included offense.

We reject defendant’s contention that the failure of the court to inform counsel before summations that it would consider the lesser included offenses in rendering its verdict is reversible error. In a…