People v. Asan, 22 N.Y.2d 526 (1968)

A trial court must submit lesser included offenses to the jury if any reasonable view of the evidence would permit the jury to find the defendant guilty of the lesser offense and not guilty of the greater offense.

Summary

The New York Court of Appeals held that trial courts erred in failing to submit lesser included offenses to the jury in two separate cases. In People v. Asan, the defendant, charged with first-degree murder, argued self-defense. The court found the trial court should have submitted second-degree manslaughter to the jury. In People v. Freeman, the defendant, charged with first-degree robbery, claimed the alleged victim gave him money for a sexual act. The court found that the trial court should have submitted lesser robbery and assault charges to the jury. The court reiterated that a jury may selectively credit portions of both the prosecution and defense evidence, requiring submission of lesser offenses when supported by any view of the evidence.

Facts

In People v. Asan, the defendant was charged with first-degree murder for fatally stabbing Neziri Osmani. The prosecution argued that Asan deliberately stabbed Osmani six times due to Osmani’s involvement with Asan’s wife and daughter. Asan claimed self-defense, testifying that Osmani attacked him with a hunting knife during an argument, and the stabbing occurred during the ensuing struggle.

In People v. Freeman, the defendant was charged with first-degree robbery for allegedly robbing a pastry deliveryman at knifepoint of two dollars. The prosecution’s evidence indicated Freeman slashed at the deliveryman with a knife before stealing the money. Freeman testified that the deliveryman gave him the money as partial payment for oral sodomy and denied using a knife.

Procedural History

In People v. Asan, the defendant was convicted of first-degree manslaughter, and the Appellate Division affirmed the conviction. The defendant then appealed to the New York Court of Appeals.

In People v. Freeman, the defendant was convicted of first-degree robbery and unlawful possession of a dangerous weapon, and the Appellate Division affirmed the conviction. The defendant then appealed to the New York Court of Appeals.

Issue(s)

1. In People v. Asan, whether the trial court erred in refusing to submit the lesser included offense of second-degree manslaughter to the jury.

2. In People v. Freeman, whether the trial court erred in refusing to submit the lesser included offenses of second and third-degree robbery and third-degree assault to the jury.

Holding

1. In People v. Asan, yes, because the jury could have concluded that Asan was culpably negligent in his use of the knife, thus supporting a conviction for second-degree manslaughter.

2. In People v. Freeman, yes, because the jury might have believed that Freeman robbed the complainant without a dangerous weapon (second or third-degree robbery) or assaulted the complainant without a weapon and with no intention to rob him (third-degree assault).

Court’s Reasoning

The Court of Appeals stated that a trial court must submit a lesser-included offense to the jury if “upon any view of the facts, a defendant could properly be found guilty of a lesser degree or an included crime.” The court emphasized that there must be a basis in the evidence for finding the accused innocent of the higher crime and guilty of the lower one. The jury is free to accept portions of the defense and prosecution evidence. In Asan, the court found that a jury could have concluded that Asan was culpably negligent in his use of the knife, thus warranting a charge on second-degree manslaughter. The court also noted that the jury instructions regarding self-defense were inadequate. In Freeman, the court reasoned the jury could have believed Freeman robbed the complainant but without a dangerous weapon, or that Freeman assaulted the complainant without a weapon. The court stated, “The court, in effect, held that the defense evidence must be either accepted or rejected in its entirety. This was error since a jury may properly find a lesser included offense from any portion of the defense and prosecution evidence, or from any part of the total proof.”