People v. Farnsworth

Judgment affirmed. Memorandum: “A charge on intoxication should 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). Thus, before an intoxication charge is warranted, first there must be evidence of intoxication, and second, the evidence of intoxication must be sufficient to cause a reasonable person to entertain a doubt whether, because of the intoxication, the defendant formed the requisite intent. In Perry (supra, p 851), the court held that…