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People v. Aviles

Court of Appeals of the State of New York
Nov 19, 1992
80 N.Y.2d 997 (N.Y. 1992)

Opinion

Argued October 22, 1992

Decided November 19, 1992


Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, George Covington, J.

Kenneth Finkelman, New York City, and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Richard Sheridan and Allen H. Saperstein of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

The trial court refused defense counsel's request to instruct the jury in this case concerning lesser-included crimes, particularly manslaughter in the first degree. Defendant was convicted of murder in the second degree and other related crimes, and the Appellate Division affirmed the judgment of conviction. A Justice of the Appellate Division granted leave to appeal to this Court.

The street dispute started at 9:00 P.M. as a verbal exchange between defendant and an individual named Razor, escalated to a chase of Razor and three of his friends by defendant, who was brandishing a knife, and culminated in a multiperson melee on the ground. The homicide victim entered the fray to assist defendant, only to be stabbed twice mortally by defendant.

The lesser-included charge instruction, based on a view of the entire evidence of this street melee, cannot be said as a matter of law to have no reasonable support in the record evidence. Accordingly, the requested instruction should have been given and there should be a new trial.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SMITH taking no part.

Order reversed, etc.


Summaries of

People v. Aviles

Court of Appeals of the State of New York
Nov 19, 1992
80 N.Y.2d 997 (N.Y. 1992)
Case details for

People v. Aviles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN AVILES, Appellant

Court:Court of Appeals of the State of New York

Date published: Nov 19, 1992

Citations

80 N.Y.2d 997 (N.Y. 1992)
592 N.Y.S.2d 651
607 N.E.2d 798

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