New York Court of Appeals

The People of the State of New York v. Delroy Colville

October 23, 201220 N.Y.3d 20

Summary

The Court of Appeals held that the decision to seek jury instructions on lesser‑included offenses is a strategic choice that rests with defense counsel, not the defendant, and therefore reversed the Appellate Division’s judgment and ordered a new trial. The opinion also noted that the trial judge’s refusal to submit manslaughter charges, despite counsel’s request and a reasonable view of the evidence, violated the defendant’s Sixth Amendment right to counsel. Justice Jones dissented, arguing that the defendant’s choice should control.