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PEOPLE v. ASAN

22 N.Y.2d 526 (1968)

The People of the State of New York, Respondent, v. Demir Asan, Also Known as Demir Demiazah, Appellant. The People of the State of New York, Respondent, v. Walter Freeman, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1968.

Attorney(s) appearing for the Case

Neil A. Eisner and Anthony F. Marra for appellant in the first above-entitled action.

Isidore Dollinger, District Attorney (Roy Broudny of counsel), for respondent in the first above-entitled action.

Martin Spiegel and Anthony F. Marra for appellant in the second above-entitled action.

Isidore Dollinger, District Attorney (Robert Cantor of counsel), for respondent in the second above-entitled action.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

JASEN, J.

These two appeals present the common question of when a Trial Judge must submit lesser degrees or included crimes to a jury.

We have repeatedly written that if, "upon any view of the facts, a defendant could properly be found guilty of a lesser degree or an included crime, the trial judge must submit such lower offense." (People v. Mussenden

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