People v. Flanigan
Defendant Razeah S. Flanigan appealed convictions for assault in the second degree and reckless endangerment in the second degree, stemming from an incident where he fired a flare gun, injuring the victim's arm. The Appellate Division, Third Department, reviewed the weight of the evidence for the assault conviction, concluding that the victim suffered a serious physical injury due to disfigurement and protracted impairment. The court affirmed the assault conviction but found that reckless endangerment in the second degree was an erroneous lesser included offense of assault in the first degree, though harmless as it was a proper lesser included offense of another count. Ultimately, the court determined that reckless endangerment in the second degree was a lesser included offense of assault in the second degree, leading to the dismissal of the reckless endangerment conviction. The judgment was modified to dismiss the conviction on count 3 and affirmed as modified.