People v. Searles

Appellate Division of the Supreme Court of New York

People v. Searles

171 A.D.2d 465, 567 N.Y.S.2d 46, 1991 N.Y. App. Div. LEXIS 3191

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1991

StatusPublished

Cited by1 cases

This text of 171 A.D.2d 465 (People v. Searles) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Searles, 171 A.D.2d 465, 567 N.Y.S.2d 46, 1991 N.Y. App. Div. LEXIS 3191 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, Bronx County (Bernard Jackson, J.), rendered February 9, 1988, convicting defendant, after a jury trial, of manslaughter in the first degree and sentencing him to an indeterminate prison term of from five to fifteen years, unanimously affirmed.

Although we find that the evidence of intoxication wasufficient to cause a reasonable person to entertain doubt as t< whether defendant had the requisite intent to commit firs degree manslaughter (People v Perry, 61 NY2d 849, 850), tb record also suggests that defense counsel purposely refraine [466]*466from requesting an intoxication charge despite his awareness of the issue. Furthermore, interest of justice reversal is not warranted since the People presented overwhelming evidence that defendant intended to seriously injure the decedent. Concur — Carro, J. P., Wallach, Ross, Kassal and Rubin, JJ.

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Judgment, Supreme Court, Bronx County (Bernard Jackson, J.), rendered February 9, 1988, convicting defendant, after a jury trial, of manslaughter in the first degree and sentencing him to an indeterminate prison term of from five to fifteen years, unanimously affirmed.

Although we find that the evidence of intoxication wasufficient to cause a reasonable person to entertain doubt as t< whether defendant had the requisite intent to commit firs degree manslaughter (People v Perry, 61 NY2d 849, 850), tb record also suggests that defense counsel purposely refraine [466]*466from requesting an intoxication charge despite his awareness of the issue. Furthermore, interest of justice reversal is not warranted since the People presented overwhelming evidence that defendant intended to seriously injure the decedent. Concur — Carro, J. P., Wallach, Ross, Kassal and Rubin, JJ.

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Bluebook (online)

171 A.D.2d 465, 567 N.Y.S.2d 46, 1991 N.Y. App. Div. LEXIS 3191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-searles-nyappdiv-1991.

Opinion

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