Garcia v. Gonzales, ___ F.3d ___, 2006 WL 2061819 (4th Cir. Jul. 26, 2006) (New York conviction of second-degree assault, in violation of N.Y. Penal Law 120.05 ["recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument"], does not constitute an aggravated felony "crime of violence" under 18 U.S.C. 16(a), since its definition does not contain an element that there be the intentional employment of physical force against a person or thing).