People v. Tai

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

The defendant was entitled to the charge of manslaughter in the second degree (Penal Law, § 125.15) as a lesser included offense. In People v Asan (22 NY2d 526, 532), we held that there is entitlement to a charge for a lesser included offense if upon any view of the facts, the defendant could properly be found guilty of the lesser crime and further, that "a jury may properly find a lesser included offense from any portion of the defense and prosecution evidence, or from any part of the total proof’…