People v. Jones

Judgment of the Supreme Court, Kings County, rendered July 11, 1967, convicting defendant of manslaughter in the first degree, upon a jury verdict, affirmed. We are of the opinion that there was no reasonable hypothesis or version of the facts upon which defendant could have been found guilty of the lesser crime of assault in the third degree and acquitted of the crime of manslaughter in the first degree. Nevertheless, even if it be assumed that the trial court erred in failing to charge as to such lesser crime, in the absence of exception or request to charge, such error does not mandate a…