People v. Farnsworth

The trial court’s refusal to charge the effect of intoxication on the element of intent denied the defendant a fair trial (Penal Law, § 15.25). A charge on intoxication must be given if 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; see, also, People v Orr, 43 AD2d 836, affd 35 NY2d 829; People v Lee, 35 NY2d 826). The majority concludes that the evidence on intoxication was insufficient to justify the charge as requested by the defendant. I disagree.

On the…