People v. Corcino

— Mikoll, J.

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered April 20, 1990, upon a verdict convicting defendant of the crimes of reckless endangerment in the first degree and criminal mischief in the fourth degree.

The question presented on this appeal is whether County Court improperly refused to charge reckless endangerment in the second degree as a lesser included offense of reckless endangerment in the first degree on the ground that there was no reasonable view of the evidence which would support a finding that defendant committed the lesser offense…