Second Department Reverses First-Degree Robbery Conviction
At the close of Matthew Lowery's trial on robbery charges, his lawyer told the court that he wanted to request that a lesser-included offense be charged to the jury, but added that the defendant did not want the charge submitted. Deferring to the defendant, the lower court declined to charge the lesser offense.
The Appellate Division, Second Department, reversed the conviction and ordered a new trial, holding that the "the decision whether to seek a jury charge on a lesser-included offense is a matter of strategy and tactics which is 'for the attorney, not the accused to make.'"
Allegra Glashausser briefed and argued the case for Appellate Advocates.