5 Cited authorities

  1. People v. Glover

    57 N.Y.2d 61 (N.Y. 1982)   Cited 893 times   1 Legal Analyses
    In Glover (57 NY2d at 63), we established a two-pronged test to determine when a defendant is entitled to have a lesser included offense charged.
  2. People v. Green

    56 N.Y.2d 427 (N.Y. 1982)   Cited 319 times   1 Legal Analyses
    Holding that lower mental states are "necessarily subsumed within the higher mental states"
  3. People v. Stanfield

    36 N.Y.2d 467 (N.Y. 1975)   Cited 78 times
    In Stanfield, the Court held that criminally negligent homicide is a lesser included offense of the crime of manslaughter in the second degree (id. at 469).
  4. People v. Moyer

    27 N.Y.2d 252 (N.Y. 1970)   Cited 52 times
    In Moyer, the New York Court of Appeals held that harassment was not a lesser included offense of assault in the third degree.
  5. People v. Strong

    37 N.Y.2d 568 (N.Y. 1975)   Cited 19 times
    In People v. Strong, 37 N.Y.2d 568, 338 N.E.2d 602, 376 N.Y.S.2d 87 (1975), defendant, a leader in the Sudan Muslim religion, purportedly exercised his powers of "mind over matter" in a religious ceremony that he had apparently performed successfully on prior occasions in which he stops a follower's heartbeat and breathing and plunges knives into the victim's chest without any injury to the person.