MATTER OF JOSE

Ordered that the order is affirmed, without costs or disbursements.

Although the court failed to apprise the parties before summations that it would be considering attempted assault in the third degree as a lesser included offense of assault in the third degree (see, Family Ct Act § 342.1; cf., CPL 320.20), the appellant was in no way prejudiced by the court's omission. The record establishes that the defense counsel was not deprived of the opportunity to interpose defenses or to make factual arguments relevant to the appellant's alleged commission of the lesser-included offense. Accordingly, any error which may have occurred was clearly harmless (see, People v. Miller, 70 N.Y.2d 903, 905; People v. Jackson, 166 A.D.2d 356; People v. Muhammad, 162 A.D.2d 988, 989; People v. Hampton, 124 A.D.2d 675, 676; People v. Montgomery, 116 A.D.2d 671). Thompson, J.P., Miller, Pizzuto and Santucci, JJ., concur.