A judge denied a defendant’s attempt, at the beginning of a third day of deliberations, to have lesser included charges submitted to the jury.

Rockland County Supreme Court Justice William Kelly noted in a June 18 decision in People v. Barrera, 14-159, that neither defendant Jose Barrera nor the prosecution had asked for lesser included counts at a charge conference before summations. The defense changed its tack several days later with regard to two of three counts, and prosecutors objected.