New York Law Review

People v. Brown, 53 N.Y.2d 674 (1981): Jury Instructions on Lesser Included Offenses

Published by

The New York Law Review

in

People v. Brown, 53 N.Y.2d 674 (1981)

A trial court errs when it refuses to submit a lesser included offense to the jury based on a mistaken view of the law or when it improperly weighs the evidence, usurping the jury’s role in determining whether a reasonable view of the evidence supports the lesser charge.

Summary

Defendant was convicted of driving while intoxicated (DWI). At trial, she requested the judge to also submit to the jury the lesser included offense of driving while ability impaired (DWAI). The judge refused, believing DWAI required breathalyzer or blood test evidence, which is incorrect. The County Court affirmed, finding no reasonable view of evidence supported DWAI. The Court of Appeals reversed, holding that DWAI is a lesser included offense of DWI and that the trial court’s refusal, based on a misinterpretation of law and improper weighing of evidence, warranted a new trial. The court emphasized the jury’s prerogative to accept or reject evidence when deciding between DWI and DWAI.

Facts

Defendant was arrested for erratic driving. Two police officers testified she was “very intoxicated” and refused to exit the vehicle. A Social Services employee, present due to a child in the car, also testified Defendant was very drunk. Defendant refused a breathalyzer test after being warned of license revocation.

Procedural History

The City Court Judge denied Defendant’s request to submit DWAI to the jury. The County Court affirmed, stating the Trial Judge acted within discretion. The New York Court of Appeals reversed the County Court’s order and ordered a new trial.

Issue(s)

  1. Whether DWAI is a lesser included offense of DWI.
  2. Whether a trial court’s refusal to submit a lesser included offense to the jury is an error when based on a mistaken view of the law or an improper weighing of the evidence.

Holding

  1. Yes, DWAI is a lesser included offense of DWI because it is impossible to commit DWI without concomitantly committing DWAI.
  2. Yes, the trial court’s refusal to submit DWAI was erroneous because it was based on a misunderstanding of the law and an improper assessment of the evidence, infringing on the jury’s role.

Court’s Reasoning

The Court of Appeals held that DWAI is indeed a lesser included offense of DWI, referencing Vehicle and Traffic Law § 1196(1) and CPL 1.20(37). The court stated,

More ARTICLES