People v. Samuels

Memorandum: On appeal from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law § 120.05 [2]), defendant contends that Supreme Court erred in denying his request to charge assault in the third degree as a lesser included offense (see generally People v Glover, 57 NY2d 61, 63 [1982]). Viewing the evidence in the light most favorable to defendant, as we must (see People v Burnett, 100 AD3d 1561, 1562 [2012]), we reject that contention (see generally People v Freeman, 46 AD3d 1375, 1376 [2007], lv denied 10 NY3d 840 [2008]; People v Saunders, 292 AD2d 780, 780…