People v. Rypinski

OPINION OF THE COURT

Pine, J.

Defendant was convicted, after a jury trial, of reckless *261assault in the second degree (Penal Law § 120.05 [4]), as a purported lesser included offense of reckless assault in the first degree (Penal Law § 120.10 [3]). He was acquitted of two companion counts of intentional assault and one count of criminal possession of a weapon. He contends on appeal that the court erroneously refused to charge that a mistake of fact is a defense to reckless assault. No issue is raised with respect to the propriety of charging assault in the second degree as a lesser included…