PEOPLE v. PRAETZ

Judgment affirmed.

Defendant's claims of ineffective assistance of counsel do not warrant reversal since neither inadequacy nor ineffectiveness was demonstrated; nor could defense counsel be described as lacking reasonable competence (see, People v Baldi, 54 N.Y.2d 137). Moreover, the trial court did not err in refusing to charge the jury with assault in the third degree as a lesser included offense since assault in the second degree pursuant to Penal Law § 120.05 (3) requires proof only of an intent to prevent a peace officer from performing a lawful duty and does not require proof of intent to cause physical injury, an essential element of assault in the third degree (People ex rel. Gray v Tekben, 57 N.Y.2d 651, affg 86 A.D.2d 176; People v Lett, 67 A.D.2d 1077). Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.