People v. Willis

Hancock, Jr., J. P., and Denman, J.

(dissenting). We dissent. While we agree that the trial court erred in failing to inform defense attorney prior to summation which lesser included offenses it would charge (see CPL 300.10, subd 4), we find that defendant was not prejudiced by the error and that, therefore, reversal is not warranted (see People v Cheeks, 66 AD2d 1021, 1022; People v Vicaretti, 54 AD2d 236, 250). Defendant was indicted for manslaughter, first degree (intentional homicide). The proof was that, in the course of a fight on a bus, defendant knocked the victim to the floor between…