AT 9 & 10 order dated July 8, 2013, affirming judgment of conviction. Decision below: 40 Misc.3d 131(A), 975 NYS2d, 368, 2013 WL 3501645. Lippman, Ch. J., granted leave December 12, 2013.

ISSUE PRESENTED: Whether second-degree harassment is a lesser included offense of attempted third-degree assault under the factual allegations here; whether the intent to cause physical injury includes by necessity the intent to harass, alarm or annoy.