People v. Sirico

New York Court of Appeals

People v. Sirico

952 N.E.2d 1006, 17 N.Y.3d 744, 929 N.Y.S.2d 14, 2011 NY Slip Op 4718

CourtNew York Court of Appeals

DecidedJune 7, 2011

Docket116

StatusPublished

Cited by58 cases

This text of 952 N.E.2d 1006 (People v. Sirico) 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.

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People v. Sirico, 952 N.E.2d 1006, 17 N.Y.3d 744, 929 N.Y.S.2d 14, 2011 NY Slip Op 4718 (N.Y. 2011).

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Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Following a jury trial, defendant was convicted of murder in the second degree (Penal Law § 125.25 [1] [intentional murder]). The charges arose after defendant, an experienced archery hunter, shot an arrow from his compound bow towards his neighbor’s yard, fatally striking the victim. On appeal, defendant principally contends that he was entitled to an intoxication charge (see Penal Law § 15.25). That section provides, in its entirety:

“Intoxication is not, as such, a defense to a criminal charge; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negative an element of the crime charged.”

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” (People v Perry, 61 NY2d 849, 850 [1984]; see also People v Farnsworth, 65 NY2d 734, 735 [1985]). A defendant may establish entitlement to such a charge “if the record contains 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” (People v Rodriguez, 76 NY2d 918, 920 [1990]). Although a “relatively low threshold” exists to demonstrate entitlement to an intoxication charge, bare assertions by a defendant concerning his intoxication, standing alone, are insufficient (People v Gaines, 83 NY2d 925, 927 [1994]).

[746]*746Here, there is insufficient evidence to support an inference that defendant was so intoxicated as to be unable to form the requisite criminal intent. Indeed, the uncontradicted record evidence, including defendant’s own account, supports the conclusion that his overall behavior on the day of the incident was purposeful. Accordingly, defendant was not entitled to an intoxication charge.

We have reviewed defendant’s remaining contentions and find them to be without merit.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Following a jury trial, defendant was convicted of murder in the second degree (Penal Law § 125.25 [1] [intentional murder]). The charges arose after defendant, an experienced archery hunter, shot an arrow from his compound bow towards his neighbor’s yard, fatally striking the victim. On appeal, defendant principally contends that he was entitled to an intoxication charge (see Penal Law § 15.25). That section provides, in its entirety:

“Intoxication is not, as such, a defense to a criminal charge; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negative an element of the crime charged.”

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” (People v Perry, 61 NY2d 849, 850 [1984]; see also People v Farnsworth, 65 NY2d 734, 735 [1985]). A defendant may establish entitlement to such a charge “if the record contains 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” (People v Rodriguez, 76 NY2d 918, 920 [1990]). Although a “relatively low threshold” exists to demonstrate entitlement to an intoxication charge, bare assertions by a defendant concerning his intoxication, standing alone, are insufficient (People v Gaines, 83 NY2d 925, 927 [1994]).

[746]*746Here, there is insufficient evidence to support an inference that defendant was so intoxicated as to be unable to form the requisite criminal intent. Indeed, the uncontradicted record evidence, including defendant’s own account, supports the conclusion that his overall behavior on the day of the incident was purposeful. Accordingly, defendant was not entitled to an intoxication charge.

We have reviewed defendant’s remaining contentions and find them to be without merit.

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952 N.E.2d 1006, 17 N.Y.3d 744, 929 N.Y.S.2d 14, 2011 NY Slip Op 4718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sirico-ny-2011.

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