What is the test for asking a judge to charge a defendant with second-degree manslaughter?

"New York", United States of America

The following excerpt is from People v. Rivera, 12 N.E.3d 444, 2014 N.Y. Slip Op. 02379, 23 N.Y.3d 112, 989 N.Y.S.2d 446 (N.Y. 2014):

A party who seeks to have a lesser included crime charged to the jury must satisfy a two-pronged inquiry. First, the crime must be a lesser included offense within the meaning of Criminal Procedure Law 1.20(37).5 Here, defendant asked the trial judge to charge second-degree manslaughter, which is a lesser included crime of second-degree intentional murder (see People v. Tai, 39 N.Y.2d 894, 386 N.Y.S.2d 395, 352 N.E.2d 582 [1976] [reckless manslaughter is a lesser included offense of intentional murder] ). Second, the party making the request for a charge-down must then show that there is a reasonable view of the evidence in the

[12 N.E.3d 450]

particular case that would support a finding that [the defendant] committed the lesser included offense but not the greater (People v. Glover, 57 N.Y.2d 61, 63, 453 N.Y.S.2d 660, 439 N.E.2d 376 [1982] ; CPL 300.50[1] ).6 In assessing whether there is a reasonable view of the evidence, the proof must be

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