People v. Brown

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 2, 2004, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.

The court properly declined to submit third-degree assault as a lesser included offense since there was no reasonable view of the evidence that the victim’s injury was caused without the use of a dangerous instrument. The People’s evidence, including medical records, consistently demonstrated that the victim suffered a puncture…