Insufficient Evidence to Warrant Jury Charge on Intoxication Defense

The Court of Appeals affirmed defendant’s rape conviction finding that defendant presented insufficient evidence to warrant a jury charge on the intoxication defense:

Although intoxication is not a defense to a criminal offense, a defendant may offer evidence of intoxication whenever relevant to negate an element of the charged crime (see Penal Law § 15.25).  An intoxication charge should be issued when, viewing the evidence in a light most favorable to defendant …, “there is sufficient evidence of intoxication in the record for a reasonable person to entertain a doubt as to [an] element . . . on that basis” … .  In order to meet this “relatively low threshold,” defendant must present evidence “tending to corroborate his claim of intoxication, such as the number of drinks, the period of time between consumption and the event at issue, whether he consumed alcohol on an empty stomach, whether his drinks were high in alcoholic content, and the specific impact of the alcohol upon his behavior or mental state” … .

Here, the evidence was insufficient to allow a reasonable juror to harbor a doubt concerning the element of intent on the basis of intoxication.  Defendant’s bare assertions concerning his intoxication were, by themselves, insufficient … .  Nor did his statement to police and the victim’s testimony that she smelled alcohol on his breath corroborate defendant’s claim.  While he may, indeed, have consumed alcohol prior to the events leading up to the crimes alleged, the evidence established that defendant’s conduct was purposeful.  He cut a hole in a screen to gain entry, instructed the victim to be quiet, threw a blanket over her head, and stole her cell phone so she could not call the police.  Given this evidence, the court correctly ruled an intoxication charge was not warranted. People v Beaty, 148, CtApp 10-17-13