Legal Opinion

People v. Sirico

New York Court of Appeals

Decided June 7, 2011No. 116PublishedCited by 59 opinions

1Opinion of the Court

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…

2Cases cited3 opinions

  1. People v. RodriguezNew York Court of Appeals · 1990
  2. People v. PerryNew York Court of Appeals · 1984
  3. People v. GainesNew York Court of Appeals · 1994

3Cited by59 opinions

  1. Waiters v. LeeCourt of Appeals for the Second Circuit · 2017
  2. People v. BeatyNew York Court of Appeals · 2013
  3. People v. LeeAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. BeatyAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. JuniorAppellate Division of the Supreme Court of the State of New York · 2014

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