People v. Alvarado
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant claims error in two portions of the court’s charge, neither of which are preserved for appellate review (see, CPL 470.05 [2]). In any event, the defendant’s claim that the court improperly marshaled the evidence of his intoxication is without merit (see, People v Saunders, 64 NY2d 665; People v Price, 135 AD2d 750). Because evidence of the defendant’s intoxication was so minimal, it was up to the court to marshal whatever evidence existed in order to assist the jury in its deliberations. Neither was the court required to charge that the complainant was an interested witness,…
2Cases cited6 opinions
- People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985
- People v. SaundersNew York Court of Appeals · 1984
- People v. BrabhamAppellate Division of the Supreme Court of the State of New York · 1980
- People v. StrawderAppellate Division of the Supreme Court of the State of New York · 1986
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by9 opinions
- People v. SlaterAppellate Division of the Supreme Court of the State of New York · 1990
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 1989
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 2000
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. GordonAppellate Division of the Supreme Court of the State of New York · 2000
4 more not listed; retrieve them via the Exa API.