45 N.Y.2d 546 (1978)
A trial court must instruct the jury on a lesser included offense if there is a reasonable view of the evidence that would support a finding that the defendant committed the lesser offense but not the greater offense, and a party requests the charge.
Summary
William Johnson was convicted of criminal sale of a controlled substance in the third degree. The New York Court of Appeals reversed, holding that the trial court erred in refusing to submit to the jury the lesser included offense of criminal possession of a controlled substance in the seventh degree. The Court reasoned that because the jury was free to accept or reject any part of the evidence presented, they could have reasonably found Johnson guilty of possession but not sale. This ruling reinforces the principle that juries must be given the option to convict on lesser charges when the evidence reasonably supports it, ensuring a fair trial and preventing potential overreach by the prosecution.
Facts
A confidential informant, working with a State Police Investigator, asked William Jackson if he knew anyone with drugs. Jackson directed them to Johnson. Jackson told Johnson the informant wanted to buy “a bundle” of heroin. Johnson agreed to supply the drugs and arranged a meeting. At the meeting, the investigator gave Johnson $125, and Johnson provided a bundle of heroin from under a child in his car. Johnson claimed he was asked to get drugs for Jackson and that Jackson supplied the heroin, possibly even handing it to the officer himself.
Procedural History
Johnson was convicted of criminal sale of a controlled substance in the third degree at trial. The Appellate Division affirmed the conviction. Johnson appealed to the New York Court of Appeals, arguing that the trial court erred in refusing to submit the lesser included offense of criminal possession of a controlled substance in the seventh degree to the jury. The Court of Appeals reversed the Appellate Division’s order and ordered a new trial.
Issue(s)
Whether the trial court erred in refusing to submit to the jury the lesser included offense of criminal possession of a controlled substance in the seventh degree, when the defense requested it and there was a reasonable view of the evidence that would support a finding that the defendant committed the lesser offense but not the greater offense.
Holding
Yes, because there was a reasonable view of the evidence presented at trial that could have supported a finding that Johnson was guilty of criminal possession of a controlled substance, but not criminal sale. The jury is free to accept or reject any part of the evidence. Refusal to charge a lesser included crime is warranted only where ” ‘every possible hypothesis’ but guilt of the higher crime [is] excluded”.
Court’s Reasoning
The Court relied on CPL 300.50, which dictates when a trial judge must charge the jury as to a lesser crime. The statute requires a request for the charge and a reasonable view of the evidence supporting a finding that the defendant committed the lesser offense but not the greater. The Court emphasized that a refusal to charge a lesser included crime is only warranted when every possible hypothesis but guilt of the higher crime is excluded, citing People v. Henderson, 41 N.Y.2d 233 (1976) and People v. Shuman, 37 N.Y.2d 302 (1975). The Court stated, “Equally well established is the jury’s freedom ‘to accept or reject part or all of the defense or prosecution’s evidence’” (quoting People v. Henderson). Viewing the evidence favorably to the defendant, the jury could have rejected the sale element while accepting the possession element. The court noted, “In such a situation, it cannot be said that every hypothesis ‘but guilt of the higher crime [was] excluded’”. Therefore, the trial court should have charged the jury as to the lesser included offense of possession of a controlled substance.