Legal Opinion
People v. Zayas
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 1988PublishedCited by 10 opinions
1Opinion of the Court
The defendant argues that the trial court erred in refusing to charge assault in the third degree (Penal Law § 120.00 [1]) as a lesser included offense of assault in the second degree (Penal Law § 120.05 [2]). Whenever a party submits a request for a lesser included charge, the court must supply that charge if it is theoretically impossible for the defendant to have committed the greater crime without having also committed the lesser, and a reasonable view of the evidence would permit the jury to conclude that the defendant committed the lesser crime, but not the greater (People v Glover, 57…
2Cases cited3 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. ScarboroughNew York Court of Appeals · 1980
- People v. WedgeworthAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by10 opinions
- People v. AbramsAppellate Division of the Supreme Court of the State of New York · 1994
- People v. GroomAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1990
- People v. LongAppellate Division of the Supreme Court of the State of New York · 1999
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2006
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