People v. Vasquez

*466Judgment, Supreme Court, New York County (Philip M. Grella, J.), rendered April 15, 2004, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 12 years, unanimously affirmed.

The court properly declined to submit assault in the second degree (Penal Law § 120.05 [2]) as a lesser included offense of assault in the first degree (Penal Law § 120.10 [1]). The evidence established that defendant heated a pan of oil on a stove and deliberately threw it in the victim’s face, causing protracted disfigurement. There was no reasonable view of the…