PEOPLE v. LAWRENCE (1998)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered June 26, 1997, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The trial court properly denied the defendant's request to charge assault in the second degree as a lesser-included offense of assault in the first degree.   There was no reasonable view of the evidence to support a finding that the victim sustained “physical injury” but not “serious physical injury” when he was slashed in the face with a box cutter by the defendant (see, CPL 300.50[1];  People v. Glover, 57 N.Y.2d 61, 453 N.Y.S.2d 660, 439 N.E.2d 376;  People v. Greene, 111 A.D.2d 183, 488 N.Y.S.2d 812).  Similarly, the court's decision to charge self-defense based on the justifiable use of deadly physical force rather than ordinary physical force was appropriate given the evidence adduced at the trial (see, Penal Law § 35.15 [1], [2];  People v. Smith, 190 A.D.2d 522, 593 N.Y.S.2d 22).

 There is no proof in the record to suggest that the defendant was prejudiced in any manner by the People's belated production of an evidence voucher;  hence, the court did not err in rejecting the defendant's request to impose a sanction (see generally, People v. Banch, 80 N.Y.2d 610, 593 N.Y.S.2d 491, 608 N.E.2d 1069).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05[2] ) or without merit.

MEMORANDUM BY THE COURT.