People v. Zapata

Opinion

EPSTEIN, J.

In the published portion of this opinion we decide that when a jury is unable to unanimously agree on defendant’s guilt or innocence of a crime within the accusatory pleading, and the prosecution is willing to forego its right to a verdict or mistrial on that charge, the court may receive a verdict on a lesser included offense to that crime. In the unpublished portion of this opinion we conclude that appellant suffered no prejudice with respect to denial of his requested jury instructions, and that the record on appeal is sufficient to afford a proper review of the issues…