People v. Martinez

— Harvey, J.

After a shooting incident, defendant was indicted in July 1989 and charged with attempted murder in the second degree and criminal possession of a weapon in the third degree. Following the close of proof, County Court, without objection, instructed the jury to consider the crimes of attempted murder in the second degree, attempted manslaughter in the first degree (as a lesser included offense) and criminal possession of a weapon in the third degree. Defendant was found not guilty of the murder charge but was convicted of the manslaughter and weapons charges. Defendant’s posttrial…