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).