The People v. Luis Serrano ( 2022 )

State of New York MEMORANDUM
Court of Appeals This memorandum is uncorrected and subject to
revision before publication in the New York Reports.
No. 68 SSM 14
The People &c.,
Respondent,
v.
Luis Serrano,
Appellant.
Submitted by Steven M. Sharp, for appellant.
Submitted by Peter H. Willis, 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
-1-
-2- SSM No. 14
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.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a
memorandum. Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro
and Troutman concur.
Decided June 16, 2022
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