People v. Ramos

Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered February 2, 1995, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, unanimously affirmed.

Since defendant’s request to charge assault in the third degree as a lesser included offense of assault in the second degree (Penal Law § 120.05 [2]) was based on an entirely different theory (see, Penal Law § 120.00 [1]) than defendant’s current claim, that third degree assault should have been submitted since defendant…