OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed. County Court properly denied defendants 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 N.Y.3d 1083, 1084, 106 N.Y.S.3d 277, 130 N.E.3d 873 [2019]). Furthermore, defendant received effective assistance of counsel (see People v. Benevento, 91 N.Y.2d 708, 712–715, 674 N.Y.S.2d 629, 697 N.E.2d 584 [1998]). Defendants 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 of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.
Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.