PEOPLE v. RODRIGUEZ


155 A.D.2d 627 (1989)

The People of the State of New York, Respondent, v. Jose Rodriguez, Appellant

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

November 20, 1989


Ordered that the judgment is affirmed.

The defendant argues that the court erred in denying his request for an intoxication charge, since there was evidence adduced at trial of drug usage by the defendant just prior to commission of the crimes charged. We disagree.

Reviewing the evidence in the light most favorable to the defendant, as we must when there is an issue as to whether a particular theory of defense should have been charged (People v Farnsworth...

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