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PEOPLE v. HUMPHREY

186 A.D.2d 148 (1992)

The People of the State of New York, Respondent, v. James Humphrey, Appellant

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

September 14, 1992

Ordered that the judgment is affirmed.

The defendant, along with two others, was arrested inside a ransacked video store. The defendant testified at trial that "crack heads" had committed the burglary and that he was merely in the vicinity of the store when the police arrived and directed him to go inside where he was arrested.

The defendant contends that the trial court's refusal to charge the jury as to intoxication...

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