17 N.Y.3d 20 (2011)
The decision of whether to request a jury charge on lesser-included offenses is a matter of strategy and tactics that ultimately rests with defense counsel, not the defendant.
Summary
Delroy Colville was convicted of second-degree murder. At trial, his attorney requested that the judge submit lesser-included offenses of first- and second-degree manslaughter to the jury, believing it was a sound trial strategy. However, Colville objected, and the judge deferred to Colville’s wishes and did not include the lesser-included offenses. The New York Court of Appeals reversed, holding that the decision to request a jury charge on lesser-included offenses is a strategic one that falls within the purview of defense counsel, not the defendant. This decision emphasizes the attorney’s role as the guiding hand in trial strategy, ensuring defendants receive the benefit of counsel’s expertise.
Facts
On October 28, 2004, Colville stabbed and killed Gregory Gardner, and injured Carl Jones in a shared residence. Colville claimed self-defense, alleging Gardner attacked him first. Witnesses presented conflicting accounts, some suggesting Colville was the aggressor. After the incident, Colville hid the knife and was later arrested.
Procedural History
Colville was indicted for second-degree murder and second-degree assault. At trial, the defense requested a justification charge and submission of lesser-included offenses of manslaughter. The trial judge initially hesitated but agreed, then ultimately deferred to Colville’s objection to including the lesser offenses. The jury convicted Colville of murder and acquitted him of assault. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.
Issue(s)
- Whether the decision to request a jury charge on lesser-included offenses is a strategic decision entrusted to the attorney, or a fundamental decision reserved to the accused?
Holding
- Yes, because the decision is one of trial strategy, best left to the expertise of counsel.
Court’s Reasoning
The Court of Appeals reviewed conflicting authorities and commentary on the allocation of decision-making authority between attorney and client. It noted that while the American Bar Association (ABA) initially suggested the defendant should decide on lesser-included offenses, it later revised its stance. The court observed that most jurisdictions now consider this a strategic decision for the attorney. The court emphasized that CPL 300.50 allows either party to request a lesser-included offense instruction when a reasonable view of the evidence supports it. The court reasoned that this decision is unlike pleading guilty or asserting an extreme emotional distress defense, which are exclusively the defendant’s prerogative. The Court stated, “[I]t makes little sense to hold that the defendant personally has the last say about an issue when the defense as a whole does not.” The court found the trial judge erred by deferring solely to Colville’s wishes, denying him the benefit of his counsel’s judgment. “By deferring to defendant, the judge denied him the expert judgment of counsel to which the Sixth Amendment entitles him.” The court concluded that this error was not harmless, as the jury might have convicted Colville of manslaughter instead of murder had the lesser-included offenses been submitted. The conviction was reversed and a new trial was ordered.