The People of the State of New York v. Samuel Cabassa, Appellant the People of the State of New York v. Robert Lind

Summary

The New York Court of Appeals affirmed Robert Lind’s convictions for attempted murder and reversed Samuel Cabassa’s convictions, ordering a new trial because the trial court failed to submit attempted assault in the second degree as a lesser‑included offense. The Court held that the evidence supported the attempted‑murder findings and that no error occurred in the jury charge on intent or the limited pro se summation. Justice Kaye, in a concurring‑in‑part/dissenting‑in‑part opinion, argued that both defendants should receive new trials.