Ordered that the judgment is modified, on the law, by reversing the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The conviction for assault in the second degree for intent to cause serious physical injury is a lesser-included offense of the conviction of assault in the first degree for intent to cause serious physical injury with a dangerous instrument ( see, Penal Law § 120.05; § 120.10 [1]; CPL 300.30; People v. Seaman, 238 A.D.2d 449). Therefore, the conviction of assault in the second degree is reversed and the sentence imposed thereon is vacated.
The sentence imposed for the conviction of assault in the first degree is not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit ( see, People v. Gurganious, 214 A.D.2d 681; see also, People v. Childress, 81 N.Y.2d 263, 266-267; People v. Bolling, 79 N.Y.2d 317, 324).
Pizzuto, J. P., Santucci, Joy and Friedmann, JJ., concur.