Legal Opinion
People v. Tocco
New York Supreme Court
Decided February 5, 1988PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Dominic R. Massaro, J.
The novel question presented here is whether imbibing by a chronic alcoholic can rise to the level of misconduct making for recklessness per se. The court, absent any scientific stan*511dard of proof to the contrary, is disinclined to equate alcoholism with involuntariness; notwithstanding, it seeks some limiting principle whereby application of the cruel and unusual punishment prohibition does not result in exoneration of the chronic alcoholic for criminal conduct.
The defendant here is charged with arson in the second degree (Penal Law § 150.15) and…
2Cases cited9 opinions
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- Powell v. TexasSupreme Court of the United States · 1968
- De Long v. County of ErieNew York Court of Appeals · 1983
- People v. CroninNew York Court of Appeals · 1983
- People v. RegisterNew York Court of Appeals · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Estate of Tammy Colleen Feenin v. Bombace Wine & Spirits, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1992
- CONGELOSI v. MillerDistrict Court, W.D. New York · 2009