You are here: / / Intoxication Jury Instruction Was Warranted, Conviction Reversed
,

Intoxication Jury Instruction Was Warranted, Conviction Reversed

In reversing defendant’s conviction, the Second Department determined there was sufficient evidence of defendant’s intoxication to warrant the intoxication jury instruction:

The defendant’s convictions of assault in the second degree and criminal possession of a weapon in the fourth degree arise out of an incident during which the defendant allegedly struck another man (hereinafter the complainant) with a metal pipe in the presence of the complainant’s wife. Viewing the intoxication evidence in the light most favorable to the defendant …, we conclude, contrary to the Supreme Court’s determination, that an intoxication instruction (see Penal Law § 15.25) was warranted … . The complainant’s wife testified that, just prior to the subject assault, she observed the defendant with a can of beer in his hand and that the defendant seemed drunk. She further testified that the defendant’s breath smelled like beer, his speech was slurred, and that the defendant, with whom she was familiar, was “not himself.” Under these circumstances, there is “sufficient evidence of intoxication in the record for a reasonable person to entertain a doubt as to the element of intent on that basis” … . Accordingly, the Supreme Court erred in denying the defendant’s request to give an intoxication instruction to the jury and, thus, reversal is warranted … . People v Goldring, 2015 NY Slip Op 08189, 2nd Dept 11-12-15

 

You might also like
THE CITY’S COMPLAINT ALLEGED A CAUSE OF ACTION FOR PUBLIC NUISANCE BASED UPON DEFENDANT’S SALE OF UNSTAMPED, UNTAXED CIGARETTES (SECOND DEPT).
EVIDENCE BEFORE THE GRAND JURY WAS LEGALLY SUFFICIENT, CRITERIA EXPLAINED.
AN ELEVATED BOARDWALK WITH NO GUARDRAILS WAS OPEN AND OBVIOUS AND NOT INHERENTLY DANGEROUS; THE VILLAGE WAS NOT LIABLE FOR PLAINTIFF BICYCLIST’S RIDING OFF THE BOARDWALK (SECOND DEPT).
THE GYM TEACHER TOLD THE STUDENTS TO RUN AROUND THE PERIMETER OF THE BUILDING; STUDENT PLAINTIFF TRIPPED AND FELL OVER A CHAIN WHICH, SHE ALLEGED, OTHER STUDENTS WERE JUMPING OVER AS THEY RAN; THE SCHOOL DISTRICT’S MOTION FOR SUMMARY JUDGMENT IN THIS NEGLIGENT SUPERVISION SLIP AND FALL CASE WAS PROPERLY DENIED (SECOND DEPT).
Mother Entitled to Hearing/Children May Be Eligible for Special Immigrant Status
Summary Judgment Properly Granted in Labor Law 241 (6) Cause of Action/Although Not Demonstrated Here, the Court Noted that Comparative Negligence Is a Valid Defense to a Labor Law 241 (6) Action
CEMETERY’S APPLICATION FOR A USE VARIANCE TO CONSTRUCT A CREMATORY SHOULD NOT HAVE BEEN DENIED BY THE ZONING BOARD, CRITERIA EXPLAINED (SECOND DEPT).
DEFENSE MOTION TO SET ASIDE THE VERDICT SHOULD HAVE BEEN GRANTED; POLICE DID NOT USE EXCESSIVE FORCE AND WERE ENTITLED TO BOTH QUALIFIED AND GOVERNMENT FUNCTION IMMUNITY.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Reversible Error to Admit Hearsay Statements Made by the Victim Four Years After... Questioning by Police and Caseworker Violated Defendant’s Right to Counsel,...