Legal Opinion
People v. Woodley
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 1988PublishedCited by 5 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Suffolk County (Mazzei, J.), rendered June 27, 1985, convicting him of burglary in the third degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
Criminal intent is an element of the crime of burglary in the third degree and evidence of intoxication can be offered to negate that intent (see, Penal Law §§ 15.05, 15.25, 140.20). In this case, the defendant testified that on the evening of January 6, 1984, before the crime had occurred, he had become intoxicated and fell asleep at his aunt’s house.…
2Cases cited5 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. ThomasNew York Court of Appeals · 1980
- People v. KehnAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1979
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by5 opinions
- People v. WaldronAppellate Division of the Supreme Court of the State of New York · 1990
- People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 1989
- People v. FrancisAppellate Division of the Supreme Court of the State of New York · 1993
- People v. MunnAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WimesAppellate Division of the Supreme Court of the State of New York · 1989