People v. Martinez

We respectfully disagree with the majority insofar as they affirm defendant’s conviction of attempted manslaughter in the first degree, a nonexistent crime (see, People v Campbell, 72 NY2d 602, 606; People v McDavis, 97 AD2d 302, 303-304).

Concededly, a defendant who fails to object to the submission to the jury of a lesser crime arising from the same transaction which is not in fact a "lesser included” offense (see, People v Ford, 62 NY2d 275, 282-283; People v Dunavin, 173 AD2d 1032, lv denied 78 NY2d 965) or who, as part of a *937plea bargain, pleads guilty to a nonexistent crime in…