People v. White

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 8, 2008, 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 six years, unanimously affirmed.

The court properly declined to submit third-degree assault as *586a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that the victim’s physical injuries were caused by something other than being struck with a glass bottle that shattered in his face (see People v…