The People of the State of New York, Respondent v. Glen Van Norstrand, Appellant

Summary

The New York Court of Appeals held that the trial court erred by refusing to charge third‑degree assault as a lesser included offense of first‑degree assault and reversed the Appellate Division, ordering a new trial. The Court applied the two‑prong Glover analysis and concluded that a reasonable view of the evidence supported a conviction on the lesser offense. Chief Judge Kaye dissented, contending that the evidence demonstrated the defendant’s awareness of a grave risk of death and that the trial court’s decision was correct.