People v. Joseph

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered April 2, 1998, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the de*699fendant (see, People v Martin, 59 NY2d 704, 705), the trial court properly refused to charge assault in the third degree (see, Penal Law § 120.00 [2]) as a lesser-included offense. Under the facts of this case, no reasonable view of the…