People v. Aviles

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

The trial court refused defense counsel’s request to instruct the jury in this case concerning lesser-included crimes, particularly manslaughter in the first degree. Defendant was convicted of murder in the second degree and other related crimes, and the Appellate Division affirmed the judgment of *998conviction. A Justice of the Appellate Division granted leave to appeal to this Court.

The street dispute started at 9:00 p.m. as a verbal exchange between defendant and an individual named…