People v. Taylor
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered August 2, 1995, convicting him of burglary in the third 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 of the crime of burglary in the third degree beyond a reasonable doubt because his intoxication rendered him incapable of knowingly entering or remaining in a building with “the intent to commit a crime therein” (Penal Law § 140.20). However, “even an intoxicated person may be capable…
2Cases cited4 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. DorstAppellate Division of the Supreme Court of the State of New York · 1993
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. KingAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by6 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. GonzalezAppellate Division of the Supreme Court of the State of New York · 2004
- People v. LamponAppellate Division of the Supreme Court of the State of New York · 2007
- People v. JagooAppellate Division of the Supreme Court of the State of New York · 2003
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