Ordered that the judgment is affirmed.
Criminal intent is an element of the crime of burglary in the third degree and evidence of intoxication can be offered to negate that intent (see, Penal Law §§ 15.05, 15.25, 140.20). In this case, the defendant testified that on the evening of January 6, 1984, before the crime had occurred, he had become intoxicated and fell asleep at his aunt's house. According to the defendant, he did not awaken until 9:30...
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