10 New York opinions name it 3 courts 1978–2023 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Henriquezgreen1 sentence2010The ABA Standards implicitly recognize that the conclusion reached will not always comport with the advice of counsel, but counsel’s acquiescence to his client’s decision does not render counsel’s representation constitutionally ineffective (see Coleman v Mitchell, 244 F3d 533, 545 [2001], cert denied 534 US 977 [2001]; Ex parte Mills, — So 3d —, 2010 WL 3463487 , 2010 Ala LEXIS 157 [Ala 2010] [stating that a reading of the ABA Standards does not support the conclusion that the defendant may never make the ultimate decision regarding a matter of trial strategy such as whether to submit a lesse | 1 | 1 |
People v. Vargasgreen1 sentence2010Had there been no disagreement, counsel’s decision to seek the submission of lesser-included offenses, or not, could be justified as a strategic decision of a reasonably competent attorney (see People v Lane, 60 NY2d 748, 750 [1983]; People v Calderon, 66 AD3d 314 , 320 [2009]; People v Illescas, 47 AD3d 840, 841 [2008]; People v Koufomichalis, 2 AD3d 987, 989 [2003]; People v Drummond, 188 AD2d 312 [1992]; People v Vargas, 150 AD2d 513, 514 [1989]). | 1 | 1 |
Alton Coleman v. Betty Mitchell, Wardengreen1 sentence2010The ABA Standards implicitly recognize that the conclusion reached will not always comport with the advice of counsel, but counsel’s acquiescence to his client’s decision does not render counsel’s representation constitutionally ineffective (see Coleman v Mitchell, 244 F3d 533, 545 [2001], cert denied 534 US 977 [2001]; Ex parte Mills, — So 3d —, 2010 WL 3463487 , 2010 Ala LEXIS 157 [Ala 2010] [stating that a reading of the ABA Standards does not support the conclusion that the defendant may never make the ultimate decision regarding a matter of trial strategy such as whether to submit a lesse | 1 | 1 |
People v. Koufomichalisgreen1 sentence2010Had there been no disagreement, counsel’s decision to seek the submission of lesser-included offenses, or not, could be justified as a strategic decision of a reasonably competent attorney (see People v Lane, 60 NY2d 748, 750 [1983]; People v Calderon, 66 AD3d 314 , 320 [2009]; People v Illescas, 47 AD3d 840, 841 [2008]; People v Koufomichalis, 2 AD3d 987, 989 [2003]; People v Drummond, 188 AD2d 312 [1992]; People v Vargas, 150 AD2d 513, 514 [1989]). | 1 | 1 |
People v. Hoffmangreen1 sentence2010Had there been no disagreement, counsel’s decision to seek the submission of lesser-included offenses, or not, could be justified as a strategic decision of a reasonably competent attorney (see People v Lane, 60 NY2d 748, 750 [1983]; People v Calderon, 66 AD3d 314 , 320 [2009]; People v Illescas, 47 AD3d 840, 841 [2008]; People v Koufomichalis, 2 AD3d 987, 989 [2003]; People v Drummond, 188 AD2d 312 [1992]; People v Vargas, 150 AD2d 513, 514 [1989]). | 1 | 1 |
People v. Lanegreen1 sentence2010Had there been no disagreement, counsel’s decision to seek the submission of lesser-included offenses, or not, could be justified as a strategic decision of a reasonably competent attorney (see People v Lane, 60 NY2d 748, 750 [1983]; People v Calderon, 66 AD3d 314 , 320 [2009]; People v Illescas, 47 AD3d 840, 841 [2008]; People v Koufomichalis, 2 AD3d 987, 989 [2003]; People v Drummond, 188 AD2d 312 [1992]; People v Vargas, 150 AD2d 513, 514 [1989]). | 1 | 1 |
People v. Morangreen1 sentence2004While a defendant’s request to charge a lesser included offense need not be granted in every case (see People v Scarborough, 49 NY2d 364, 368 [1980]; People v Alston [Baby John], 298 AD2d 702, 703 [2002], lvs denied 99 NY2d 554 , 555 [2002]; People v McNeil, 273 AD2d 608, 609-610 [2000], lv denied 95 NY2d 868 [2000]), “[t]o warrant a refusal to submit it ‘every possible hypothesis’ but guilt of the higher crime must be excluded” (People v Henderson, supra at 236, quoting People v Shuman, 37 NY2d 302, 304 [1975]; see People v Asan, 22 NY2d 526, 530 [1968]; People v Moran, 246 NY 100, 103 [1927] | 1 | 1 |
People v. Asangreen1 sentence2004While a defendant’s request to charge a lesser included offense need not be granted in every case (see People v Scarborough, 49 NY2d 364, 368 [1980]; People v Alston [Baby John], 298 AD2d 702, 703 [2002], lvs denied 99 NY2d 554 , 555 [2002]; People v McNeil, 273 AD2d 608, 609-610 [2000], lv denied 95 NY2d 868 [2000]), “[t]o warrant a refusal to submit it ‘every possible hypothesis’ but guilt of the higher crime must be excluded” (People v Henderson, supra at 236, quoting People v Shuman, 37 NY2d 302, 304 [1975]; see People v Asan, 22 NY2d 526, 530 [1968]; People v Moran, 246 NY 100, 103 [1927] | 1 | 1 |
People v. Johnsongreen1 sentence2004When considering the second prong of the lesser included offense test, the evidence is viewed in the light most favorable to the defendant (see People v Johnson, 45 NY2d 546, 550 [1978]; see also People v Ford, 66 NY2d 428, 439-440 [1985]) and the trial court’s “appraisal of the persuasiveness of the evidence indicating guilt of the higher count is irrelevant” (People v Henderson, supra at 236). | 1 | 1 |
People v. McNeilgreen1 sentence2004While a defendant’s request to charge a lesser included offense need not be granted in every case (see People v Scarborough, 49 NY2d 364, 368 [1980]; People v Alston [Baby John], 298 AD2d 702, 703 [2002], lvs denied 99 NY2d 554 , 555 [2002]; People v McNeil, 273 AD2d 608, 609-610 [2000], lv denied 95 NY2d 868 [2000]), “[t]o warrant a refusal to submit it ‘every possible hypothesis’ but guilt of the higher crime must be excluded” (People v Henderson, supra at 236, quoting People v Shuman, 37 NY2d 302, 304 [1975]; see People v Asan, 22 NY2d 526, 530 [1968]; People v Moran, 246 NY 100, 103 [1927] | 1 | 1 |
People v. Shumangreen1 sentence2004While a defendant’s request to charge a lesser included offense need not be granted in every case (see People v Scarborough, 49 NY2d 364, 368 [1980]; People v Alston [Baby John], 298 AD2d 702, 703 [2002], lvs denied 99 NY2d 554 , 555 [2002]; People v McNeil, 273 AD2d 608, 609-610 [2000], lv denied 95 NY2d 868 [2000]), “[t]o warrant a refusal to submit it ‘every possible hypothesis’ but guilt of the higher crime must be excluded” (People v Henderson, supra at 236, quoting People v Shuman, 37 NY2d 302, 304 [1975]; see People v Asan, 22 NY2d 526, 530 [1968]; People v Moran, 246 NY 100, 103 [1927] | 1 | 1 |
People v. Alstongreen1 sentence2004While a defendant’s request to charge a lesser included offense need not be granted in every case (see People v Scarborough, 49 NY2d 364, 368 [1980]; People v Alston [Baby John], 298 AD2d 702, 703 [2002], lvs denied 99 NY2d 554 , 555 [2002]; People v McNeil, 273 AD2d 608, 609-610 [2000], lv denied 95 NY2d 868 [2000]), “[t]o warrant a refusal to submit it ‘every possible hypothesis’ but guilt of the higher crime must be excluded” (People v Henderson, supra at 236, quoting People v Shuman, 37 NY2d 302, 304 [1975]; see People v Asan, 22 NY2d 526, 530 [1968]; People v Moran, 246 NY 100, 103 [1927] | 1 | 1 |
People v. Scarboroughgreen1 sentence2004While a defendant’s request to charge a lesser included offense need not be granted in every case (see People v Scarborough, 49 NY2d 364, 368 [1980]; People v Alston [Baby John], 298 AD2d 702, 703 [2002], lvs denied 99 NY2d 554 , 555 [2002]; People v McNeil, 273 AD2d 608, 609-610 [2000], lv denied 95 NY2d 868 [2000]), “[t]o warrant a refusal to submit it ‘every possible hypothesis’ but guilt of the higher crime must be excluded” (People v Henderson, supra at 236, quoting People v Shuman, 37 NY2d 302, 304 [1975]; see People v Asan, 22 NY2d 526, 530 [1968]; People v Moran, 246 NY 100, 103 [1927] | 1 | 1 |
People v. Fordgreen1 sentence2004When considering the second prong of the lesser included offense test, the evidence is viewed in the light most favorable to the defendant (see People v Johnson, 45 NY2d 546, 550 [1978]; see also People v Ford, 66 NY2d 428, 439-440 [1985]) and the trial court’s “appraisal of the persuasiveness of the evidence indicating guilt of the higher count is irrelevant” (People v Henderson, supra at 236). | 1 | 1 |
Keeble v. United Statesgreen1 sentence1998(See, e.g., Beck v Alabama, 447 US, supra, at 637 [1980] [“While we have never held that a defendant is entitled to a lesser included offense instruction as a matter of due process, the nearly universal acceptance of the rule in both state and federal courts establishes the value to the defendant of this procedural safeguard”]; Keeble v United States, 412 US 205, 213 [1973] [“Indeed, while we have never explicitly held that the Due Process Clause of the Fifth Amendment guarantees the right of a defendant to have the jury instructed on a lesser included offense, it is nevertheless clear that a | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Colville
green
1 sentence2023Here, defense counsel made a tactical decision not to seek the lesser included offense ( see id. at 31 - 32). | 1 | 2023–2023 |
People v. Miller
green
2 sentences2014And, in the event that the jury ignores the instructions and convicts the defendant of both the hate crime and the corresponding ordinary crime, the court may eliminate excessive punishment by dismissing the non- hate crime count as an inclusory concurrent offense (see CPL 300.40 [3] [b]; Miller, 6 NY3d at 303-304 ). 2014And, in the event that the jury ignores the instructions and convicts the defendant of both the hate crime and the corresponding ordinary crime, the court may eliminate excessive punishment by dismissing the non-hate crime count as an inclusory concurrent offense (see CPL 300.40 [3] [b]; Miller, 6 NY3d at 303-304 ). | 1 | 2014–2014 |
Newsome v. Entergy Services, Inc.
green
1 sentence2010The ABA Standards implicitly recognize that the conclusion reached will not always comport with the advice of counsel, but counsel’s acquiescence to his client’s decision does not render counsel’s representation constitutionally ineffective (see Coleman v Mitchell, 244 F3d 533, 545 [2001], cert denied 534 US 977 [2001]; Ex parte Mills, — So 3d —, 2010 WL 3463487 , 2010 Ala LEXIS 157 [Ala 2010] [stating that a reading of the ABA Standards does not support the conclusion that the defendant may never make the ultimate decision regarding a matter of trial strategy such as whether to submit a lesse | 1 | 2010–2010 |
People v. Drummond
green
1 sentence2010Had there been no disagreement, counsel’s decision to seek the submission of lesser-included offenses, or not, could be justified as a strategic decision of a reasonably competent attorney (see People v Lane, 60 NY2d 748, 750 [1983]; People v Calderon, 66 AD3d 314 , 320 [2009]; People v Illescas, 47 AD3d 840, 841 [2008]; People v Koufomichalis, 2 AD3d 987, 989 [2003]; People v Drummond, 188 AD2d 312 [1992]; People v Vargas, 150 AD2d 513, 514 [1989]). | 1 | 2010–2010 |
Ex Parte Mills
green
1 sentence2010The ABA Standards implicitly recognize that the conclusion reached will not always comport with the advice of counsel, but counsel’s acquiescence to his client’s decision does not render counsel’s representation constitutionally ineffective (see Coleman v Mitchell, 244 F3d 533, 545 [2001], cert denied 534 US 977 [2001]; Ex parte Mills, — So 3d —, 2010 WL 3463487 , 2010 Ala LEXIS 157 [Ala 2010] [stating that a reading of the ABA Standards does not support the conclusion that the defendant may never make the ultimate decision regarding a matter of trial strategy such as whether to submit a lesse | 1 | 2010–2010 |
Beck v. Alabama
green
1 sentence2002Thus, if the unavailability of a lesser included offense instruction enhances the risk of an unwarranted conviction, Alabama is constitutionally prohibited from withdrawing that option from the jury in a capital case” ( 447 US at 638 ). | 1 | 2002–2002 |
People v. Mussenden
green
2 sentences1986IV In discussing the lesser included offense doctrine, our Court of Appeals noted in People v Mussenden ( 308 NY 558, 562 , supra), that the doctrine indirectly "redounds to the benefit of defendants * * * since its effect actually is to empower the jury 'to extend mercy to an accused by finding a lesser degree of crime than is established by the evidence’ However, the court stressed that the "proper function or duty” of the jury consists "solely of applying the legal definitions of crime, as laid down by the trial court, to the evidence and of convicting of the crime charged, if that is estab 1986IV In discussing the lesser included offense doctrine, our Court of Appeals noted in People v Mussenden ( 308 NY 558, 562 , supra), that the doctrine indirectly "redounds to the benefit of defendants * * * since its effect actually is to empower the jury 'to extend mercy to an accused by finding a lesser degree of crime than is established by the evidence’ However, the court stressed that the "proper function or duty” of the jury consists "solely of applying the legal definitions of crime, as laid down by the trial court, to the evidence and of convicting of the crime charged, if that is estab | 1 | 1986–1986 |
People v. Glover
green
1 sentence1984Thus, under our holding in People v Glover ( 57 NY2d 61 ), a defendant is entitled to a lesser included offense instruction only if it is impossible to commit the offense charged in the indictment without by the same conduct committing the lesser offense. | 1 | 1984–1984 |
Schacherbauer v. University Associates in Obstetrics & Gynecology
neutral
1 sentence1978(See, e.g., People v Buchanan, 57 AD2d 781 [possession of a weapon as inclusory concurrent count of murder and robbery]; People v Williams, 57 AD2d 850 [possession of a weapon as inclusory concurrent count of attempted murder]; People v Davis, 56 AD2d 892 [possession of weapon as inclusory concurrent count of attempted assault]; People v Lucas, 56 AD2d 780 [possession of weapon as inclusory concurrent count of robbery]; People v Solomon, 56 AD2d 751 [possession of weapon as inclusory concurrent count of robbery].) The apparent rationale for the dismissal of an indictment count charging possess | 1 | 1978–1978 |
Knight v. Dormitory Authority
neutral
1 sentence1978(See, e.g., People v Buchanan, 57 AD2d 781 [possession of a weapon as inclusory concurrent count of murder and robbery]; People v Williams, 57 AD2d 850 [possession of a weapon as inclusory concurrent count of attempted murder]; People v Davis, 56 AD2d 892 [possession of weapon as inclusory concurrent count of attempted assault]; People v Lucas, 56 AD2d 780 [possession of weapon as inclusory concurrent count of robbery]; People v Solomon, 56 AD2d 751 [possession of weapon as inclusory concurrent count of robbery].) The apparent rationale for the dismissal of an indictment count charging possess | 1 | 1978–1978 |
People v. Ruffin
neutral
1 sentence1978(See, e.g., People v Buchanan, 57 AD2d 781 [possession of a weapon as inclusory concurrent count of murder and robbery]; People v Williams, 57 AD2d 850 [possession of a weapon as inclusory concurrent count of attempted murder]; People v Davis, 56 AD2d 892 [possession of weapon as inclusory concurrent count of attempted assault]; People v Lucas, 56 AD2d 780 [possession of weapon as inclusory concurrent count of robbery]; People v Solomon, 56 AD2d 751 [possession of weapon as inclusory concurrent count of robbery].) The apparent rationale for the dismissal of an indictment count charging possess | 1 | 1978–1978 |
Sable v. Surowitz
neutral
1 sentence1978(See, e.g., People v Buchanan, 57 AD2d 781 [possession of a weapon as inclusory concurrent count of murder and robbery]; People v Williams, 57 AD2d 850 [possession of a weapon as inclusory concurrent count of attempted murder]; People v Davis, 56 AD2d 892 [possession of weapon as inclusory concurrent count of attempted assault]; People v Lucas, 56 AD2d 780 [possession of weapon as inclusory concurrent count of robbery]; People v Solomon, 56 AD2d 751 [possession of weapon as inclusory concurrent count of robbery].) The apparent rationale for the dismissal of an indictment count charging possess | 1 | 1978–1978 |
People v. Tobias
green
1 sentence1978(See, e.g., People v Buchanan, 57 AD2d 781 [possession of a weapon as inclusory concurrent count of murder and robbery]; People v Williams, 57 AD2d 850 [possession of a weapon as inclusory concurrent count of attempted murder]; People v Davis, 56 AD2d 892 [possession of weapon as inclusory concurrent count of attempted assault]; People v Lucas, 56 AD2d 780 [possession of weapon as inclusory concurrent count of robbery]; People v Solomon, 56 AD2d 751 [possession of weapon as inclusory concurrent count of robbery].) The apparent rationale for the dismissal of an indictment count charging possess | 1 | 1978–1978 |
People v. Salemmo
green
1 sentence1978To be distinguished is the factual situation presented in Salemmo (supra), in which the jury returned a verdict convicting the defendant of criminal sale of a dangerous drug and possession of a dangerous drug with intent to sell, but acquitting him of simple possession. | 1 | 1978–1978 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.