People v Serrano, 38 NY3d at 1180 (2022)

2022 NY Slip Op 03932 [38 NY3d 1180]
June 16, 2022
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Luis Serrano, Appellant.

Decided June 16, 2022

People v Serrano, 200 AD3d 1340, affirmed.

{**38 NY3d at 1180} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. County Court properly denied defendant’s request to charge assault in the third degree (Penal Law § 120.00 [1]) as a lesser included offense of assault in the first degree (see People v Almonte, 33 NY3d 1083, 1084 [2019]). Furthermore, defendant received effective assistance of counsel (see People v Benevento, 91 NY2d 708, 712-715 [1998]). Defendant’s remaining contentions, in particular his challenges to the admission of certain testimony, are unpreserved or waived.

Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.