Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal?

lesser offense that included the elements of implied malice murder (absent the mitigating circumstance of imperfect self-defense or provocation), appellant implicitly consented to the jury's consideration of that issue and forfeited his right to complain about the second degree murder instruction on appeal. (See People v. Le (1995) 39 Cal.App.4th 1518, 1521-1522 [defendant who requested instruction on simple assault as lesser related offense of charged robbery could not complain that court gave instruction on lesser related offense of aggravated assault, the crime of which defendant was convicted, even though he objected to the aggravated assault instruction].)