People v. Lee

Memoeandxtm. Our examination of the record of this trial in April, 1971, satisfies us that it was error for the Trial Judge to refuse to charge manslaughter in the second degree (Penal Law, § 125.15), in addition to murder first degree (for which defendant was found guilty) (Penal Law, § 125.25, suhd. 1), manslaughter first degree (Penal Law, § 125.20), and assault first degree (Penal Law, § 120.10).

‘‘ On the duty of the court to charge the lesser degree of [the crime], defendant is entitled to the most favorable view of the record ” (People v. Battle, 22 N Y 2d 323, 324). “ [I]f, upon any…