Legal Opinion
People v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 2004PublishedCited by 11 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Angiolillo, J.), rendered May 29, 2002, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the People failed to prove his guilt beyond a reasonable doubt because his intoxication rendered him incapable of forming the requisite criminal intent (see Penal Law § 15.25). An intoxicated person can form the requisite criminal intent to commit a crime, and it…
2Cases cited5 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. AngelAppellate Division of the Supreme Court of the State of New York · 1992
- People v. O'KeefeAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BergaminiAppellate Division of the Supreme Court of the State of New York · 1996
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by11 opinions
- People v. LaGuerreAppellate Division of the Supreme Court of the State of New York · 2006
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 2007
- People v. AlstonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. FeliceAppellate Division of the Supreme Court of the State of New York · 2007
- People v. LamponAppellate Division of the Supreme Court of the State of New York · 2007
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