People v. Millington
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Robert H. Straus, J.), rendered April 2, 2002, convicting defendant, after a jury trial, of murder in the first degree, and sentencing him to a term of life without parole, unanimously affirmed.
The court’s instruction concerning the effect of intoxication on liability tracked the statute and correctly stated the law (see Penal Law § 15.25). There was nothing defective about the manner in which the court organized its charge (see People v Coonan, 48 NY2d 772 [1979]).
The court properly denied defendant’s request to reinstruct the deliberating jury on…
2Cases cited4 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- People v. AllenNew York Court of Appeals · 1987
- People v. CoonanNew York Court of Appeals · 1979
- People v. MoralesAppellate Division of the Supreme Court of the State of New York · 1996