Is Cimino entitled to plead not guilty on the charge of possession of a drug with intent to cause grievous bodily harm?

Cimino also challenges the district court's failure to instruct the jury on the lesser-included offense of simple possession. Federal Rule of Criminal Procedure 31(c) permits a jury to return a verdict of guilty as to "an offense necessarily included in the offense charged." Pursuant to this rule, a criminal defendant is entitled to a lesser-included offense instruction if "the evidence at trial permits a rational jury to find the defendant guilty of the lesser offense and acquit him of the greater." United States v. Diaz, 176 F.3d 52, 101 (2d Cir. 1999). Whether the evidence justifies a lesser-included offense charge is a decision committed to the discretion of the trial judge. United States v. Busic, 592 F.2d 13, 25 (2d Cir. 1978).