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PEOPLE v. COLVILLE

No. 161.

20 N.Y.3d 20 (2012)

955 N.Y.S.2d 799

2012 NY Slip Op 7047

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DELROY COLVILLE, Appellant.

Court of Appeals of New York.

Decided October 23, 2012.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Anthea H. Bruffee and Leonard Joblove of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK and GRAFFEO concur with Judge READ; Judge JONES dissents and votes to affirm in a separate opinion in which Judges SMITH and PIGOTT concur.

OPINION OF THE COURT

READ, J.

We hold that the decision whether to seek a jury charge on lesser-included offenses is a matter of strategy and tactics which ultimately rests with defense counsel. At defendant Delroy Colville's trial for second-degree murder, the trial judge agreed with the defense attorney that a reasonable view of the evidence supported his request to submit the lesser-included offenses of...

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