People v. Helliger

—Order, Supreme Court, New York County (James Yates, J.), entered on or about September 16, 1998, which, inter alia, dismissed the count of the indictment charging defendant with manslaughter in the first degree after the jury was unable to reach a verdict on that count, affirmed.

As we indicated in an earlier decision in a related CPLR article 78 proceeding (Matter of Morgenthau v Yates, 262 AD2d 83, appeal dismissed 93 NY2d 1039), although the court erred in refusing to give an instruction that lesser included offenses be considered only as an alternative after an acquittal of the greater…