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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