People v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of rape in the first degree and assault in the third degree. Contrary to the contention of defendant, County Court did not err in denying his request to charge the jury on the defense of intoxication (see, Penal Law § 15.25; People v Gaines, 83 NY2d 925, 927). Although defendant testified that he had consumed alcoholic beverages and drugs on the night in question, "the record is devoid of evidence that [at the time he committed the crimes] the defendant exhibited signs of…
2Cases cited10 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. WilliamsNew York Court of Appeals · 1982
- People v. CosmeNew York Court of Appeals · 1979
- People v. GainesNew York Court of Appeals · 1994
- People v. AuxillyAppellate Division of the Supreme Court of the State of New York · 1991
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1999
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ParkAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SweeneyAppellate Division of the Supreme Court of the State of New York · 2012
- People v. AliceaAppellate Division of the Supreme Court of the State of New York · 2001
1 more not listed; retrieve them via the Exa API.