People v. Williams

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant submitted a written request that reckless assault in the third degree (Penal Law § 120.00 [2]) be charged as a lesser included offense of intentional assault in the second degree (Penal Law § 120.05 [2]). Supreme Court erred in denying that request.

The investigating officer testified on cross-examination that defendant made an oral statement to the effect that he had had too much to drink when he entered the apartment of complainant and assaulted her. Also, the complainant on cross-examination was impeached…