People v. Vargas

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered December 4, 2014, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Initially, contrary to the defendant’s contention, the Supreme Court providently exercised its discretion in refusing to accept the defendant’s offer to plead guilty to attempted assault in the first degree as a lesser-included offense of assault in the first degree, charged under count three of the…