People v. Heide

Doerr, J. (dissenting).

Because I conclude that Supreme Court erroneously submitted to the jury the charge of criminally negligent homicide as a lesser included offense of manslaughter in the second degree over the repeated objection of defendant, I respectfully dissent. The court may submit to the jury a lesser included offense at the request of the People only "if there is a reasonable view of the evidence which would support a finding that the defendant committed such lesser offense but did not commit the greater” (CPL 300.50 [1]). Here, defendant testified that he intentionally stabbed the…