People v. Umana

*493The defendant was charged, inter alia, with murder in the second degree (Penal Law § 125.25 [1]) in connection with the death of Eric Johnson, whom the defendant and Gregario Cruz allegedly beat to death. After the trial, the defendant was convicted of the lesser included offense of manslaughter in the first degree (Penal Law § 125.20 [1]).

The defendant contends that the trial court improperly refused his request to charge the jury with respect to the additional lesser included charge of assault in the second degree (Penal Law § 120.05 [1]) because the cause of death was not definitively…