People v. Tai, 39 N.Y.2d 894 (1976)

A defendant is entitled to a jury instruction on a lesser included offense if, upon any reasonable view of the evidence, the jury could find the defendant guilty of the lesser crime but not the greater.

Summary

The New York Court of Appeals held that the defendant was entitled to a jury instruction on manslaughter in the second degree as a lesser included offense of manslaughter in the first degree. The Court reasoned that the jury could have reasonably believed the defendant’s claim of self-defense while also finding that he acted recklessly in inflicting fatal wounds during the struggle. This possibility entitled the defendant to the lesser charge, allowing the jury to find him guilty of manslaughter in the second degree without finding the intent to cause serious physical injury required for manslaughter in the first degree.

Facts

The defendant was charged with manslaughter in the first degree. At trial, the defendant claimed he was not the initial aggressor but was merely attempting to repel the victim’s attack. Evidence was presented that the defendant inflicted fatal wounds on the victim during the struggle.

Procedural History

The defendant was convicted of manslaughter in the first degree. The defendant appealed, arguing that the trial court erred by not instructing the jury on manslaughter in the second degree as a lesser included offense. The Appellate Division affirmed the conviction. The defendant then appealed to the New York Court of Appeals.

Issue(s)

Whether the defendant was entitled to a jury instruction on manslaughter in the second degree as a lesser included offense of manslaughter in the first degree, based on the evidence presented at trial.

Holding

Yes, because the jury could reasonably have believed the defendant’s claim that he was not the initial aggressor but only attempted to repel the victim’s attack upon him, and at the same time accept the evidence that defendant, at some point during the struggle with the victim, inflicted fatal wounds on her.

Court’s Reasoning

The Court of Appeals relied on its prior holdings in People v. Asan and People v. Mussenden, which established the principle that a defendant is entitled to a charge on a lesser included offense if, upon any view of the facts, the defendant could properly be found guilty of the lesser crime. The Court stated, “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.”

Applying this principle to the facts of the case, the Court reasoned that the jury could have reasonably believed the defendant’s claim of self-defense while also finding that he acted recklessly in inflicting the fatal wounds. The Court noted that manslaughter in the second degree requires a finding of recklessness, while manslaughter in the first degree requires intent to cause serious physical injury. The Court found that the jury could have concluded that the defendant acted recklessly, thus satisfying the elements of manslaughter in the second degree, but did not act with the intent to cause serious physical injury, which is required for manslaughter in the first degree. Therefore, the trial court’s failure to instruct the jury on manslaughter in the second degree was reversible error. The court stated that based on the evidence, “the jury might have found that defendant acted recklessly and therefore committed acts constituting manslaughter in the second degree (Penal Law, § 125.15), but did not act with the intent to cause serious physical injury as required by manslaughter in the first degree (Penal Law, § 125.20.”