Briscoe refers to 3000 American victims of 9/11. 2605 victims were American while 372 were from 61 other countries.
As Arthur points out when that type of choke hold is done properly it is rarely fatal, the only time it is fatal is when the person either is improperly trained or the person being subdued has some type of health problem (like cardiac or vascular disease). So it would be difficult for McCoy to prove to a jury, beyond a reasonable doubt, that the defendant had the prerequisite intent to kill when he used a non-lethal method designed to subdue. Therefore it would be a mistake to not allow the jury to consider the charge of manslaughter in the second degree, which would be what the defendant would be guilty of if he indeed did not have the intent to kill.
So the jury should actually be considering convicting on one of three charges, 1: Murder in the second degree if the prosecution is able to prove beyond a reasonable doubt that the defendant had the intent to kill while suffering from no emotional disturbance. 2: Manslaughter in the first degree if the prosecution is able to prove an intent to kill but the defense is able to prove extreme emotional disturbance. 3: Manslaughter in the second degree if the prosecution fails to prove beyond a reasonable doubt that the defendant had the intent to kill.
So the jury should actually be considering convicting on one of three charges, 1: Murder in the second degree if the prosecution is able to prove beyond a reasonable doubt that the defendant had the intent to kill while suffering from no emotional disturbance. 2: Manslaughter in the first degree if the prosecution is able to prove an intent to kill but the defense is able to prove extreme emotional disturbance. 3: Manslaughter in the second degree if the prosecution fails to prove beyond a reasonable doubt that the defendant had the intent to kill.