PEOPLE v. GREEN


56 N.Y.2d 427 (1982)

The People of the State of New York, Respondent, v. Leonard Green, Appellant.

Court of Appeals of the State of New York.

Decided June 23, 1982.


Attorney(s) appearing for the Case

Andrew C. Fine and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (James H. Fogel and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES and FUCHSBERG concur with Judge MEYER; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge WACHTLER concurs.


MEYER, J.

A crime which as defined by the Penal Law includes as an element defendant's mental state can be a lesser included offense of a crime the definition of which requires the same act but a higher mental state, but cannot be a lesser included offense of a crime in the definition of which mental state plays no part. It was, therefore, error for the trial court to refuse defendant's request that assault in...

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