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THE DENIAL OF DEFENDANT’S REQUEST FOR AN INTOXICATION JURY INSTRUCTION WAS REVERSIBLE ERROR (THIRD DEPT).

The Third Department, reversing defendant’s conviction, determined the denial of defendant’s request for the intoxication jury instruction was reversible error:

… County Court improperly refused to instruct the jury as to the defense of intoxication. “An intoxication charge is warranted if, viewing the evidence in the light most favorable to the defendant, 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” … . The charge should be given when there is “evidence of the recent use of intoxicants of such nature or quantity to support the inference that their ingestion was sufficient to affect defendant’s ability to form the necessary criminal intent” … . It is true that more is required than “a bare assertion by a defendant that he was intoxicated,” but the threshold to demonstrate entitlement to the charge is nevertheless “relatively low” … . We find that the evidence presented at trial regarding defendant’s consumption of alcohol during the afternoon and evening on the date in question easily surpassed this low bar. People v Smith, 2024 NY Slip Op 05158, Third Dept 10-17-24

Practice Point: The evidence of defendant’s consumption of alcohol was more than sufficient to warrant instructing the jury on the intoxication defense.

 

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