A witness observed defendant enter a locked church by prying the door apart sufficiently to squeeze through. The police arrived after the witness observed defendant leaving the church. Defendant was arrested as he was walking down the block. The church was discovered in total disarray, with property broken and strewn about.
The trial court was correct in refusing to charge intoxication pursuant to Penal Law § 15.25. "A charge on intoxication should be given if...
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