Home/New York Court of Appeals/People v. Allen

People v. Allen

508 N.E.2d 934, 69 N.Y.2d 915, 516 N.Y.S.2d 199, 1987 N.Y. LEXIS 16357
CourtNew York Court of Appeals
DecidedApril 23, 1987
StatusPublished
Cited by35 cases

This text of 508 N.E.2d 934 (People v. Allen) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Allen, 508 N.E.2d 934, 69 N.Y.2d 915, 516 N.Y.S.2d 199, 1987 N.Y. LEXIS 16357 (N.Y. 1987).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division affirming a judgment of conviction for murder in the second degree should be affirmed.

Defendant’s central contention on this appeal relates in two respects to instructions to the jury on intoxication. There is no error in denying a reinstruction on intoxication in the supplemental charge to the jury inasmuch as the jury did not ask for reinstruction on that issue but only on the elements of the crime charged.

Defendant’s objection to the primary instruction on intoxication is now framed as a violation of due process by importing a burden of proof shift or undue emphasis on credibility. It was not so framed as an objection expressed to the Trial Judge, and is not adequately preserved by the unparticularized objection to the intoxication instruction.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Baez
2019 NY Slip Op 6294 (Appellate Division of the Supreme Court of New York, 2019)
People v. Giddens
2018 NY Slip Op 3855 (Appellate Division of the Supreme Court of New York, 2018)
SCOTT, RICKIE R., PEOPLE v
Appellate Division of the Supreme Court of New York, 2013
People v. Scott
107 A.D.3d 1635 (Appellate Division of the Supreme Court of New York, 2013)
People v. Zapata
98 A.D.3d 539 (Appellate Division of the Supreme Court of New York, 2012)
People v. Taylor
68 A.D.3d 1728 (Appellate Division of the Supreme Court of New York, 2009)
People v. Millington
37 A.D.3d 350 (Appellate Division of the Supreme Court of New York, 2007)
People v. Blalock
36 A.D.3d 540 (Appellate Division of the Supreme Court of New York, 2007)
People v. Lebrecht
13 Misc. 3d 45 (Appellate Terms of the Supreme Court of New York, 2006)
People v. Torres
4 A.D.3d 153 (Appellate Division of the Supreme Court of New York, 2004)
People v. Cruz
272 A.D.2d 922 (Appellate Division of the Supreme Court of New York, 2000)
People v. Thomas
266 A.D.2d 863 (Appellate Division of the Supreme Court of New York, 1999)
People v. Francis
262 A.D.2d 581 (Appellate Division of the Supreme Court of New York, 1999)
People v. Gamez
241 A.D.2d 693 (Appellate Division of the Supreme Court of New York, 1997)
People v. Manley
227 A.D.2d 201 (Appellate Division of the Supreme Court of New York, 1996)
People v. Morales
223 A.D.2d 562 (Appellate Division of the Supreme Court of New York, 1996)
In re Y. K.
213 A.D.2d 638 (Appellate Division of the Supreme Court of New York, 1995)
People v. Nieves
205 A.D.2d 173 (Appellate Division of the Supreme Court of New York, 1994)
People v. Smith
621 N.E.2d 689 (New York Court of Appeals, 1993)
People v. Velez
184 A.D.2d 539 (Appellate Division of the Supreme Court of New York, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
508 N.E.2d 934, 69 N.Y.2d 915, 516 N.Y.S.2d 199, 1987 N.Y. LEXIS 16357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-allen-ny-1987.