| People v Serrano |
| 2022 NY Slip Op 03932 [38 NY3d 1180] |
| June 16, 2022 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, October 19, 2022 |
| The People of the State of New York, Respondent, v Luis Serrano, Appellant. |
Decided June 16, 2022
Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Third Judicial Department, from an order of that Court, entered December 16, 2021. The Appellate Division affirmed a judgment of the Schenectady County Court (Matthew J. Sypniewski, J.), which had convicted defendant, upon a jury verdict, of assault in the first degree, criminal possession of a weapon in the third degree, and criminal mischief in the fourth degree.
People v Serrano, 200 AD3d 1340, affirmed.
Steven M. Sharp, Albany, for appellant. Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent. 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.