PEOPLE v. ITURRINO


117 A.D.2d 502 (1986)

The People of the State of New York, Respondent, v. Tilson Iturrino, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 4, 1986


On this appeal by the defendant from his conviction for manslaughter in the first degree, the principal issue raised is the contention that it was reversible error for the trial court to refuse defendant's request that the jury be instructed pursuant to Penal Law § 15.25 that the jury may consider evidence of defendant's intoxication as negating "an element of the crime charged." Although the trial court's refusal to give the requested charge was based on the erroneous...

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