People v. Beach

These two cases require a determination whether the conclusions of the lower courts, that evidence adduced at trial was insufficient to support requests for instructions on cognate lesser included offenses, were in error. If these determinations were in error, we are asked to decide whether the failure to instruct on the lesser included offenses was harmless.

In People v Edwards, we conclude that the requested cognate lesser offense instruction for involuntary manslaughter was not supported by the evidence, and, hence, the failure to instruct was not error.

In People v Beach, we conclude that…