PEOPLE v. CARPENTER


199 A.D.2d 524 (1993)

606 N.Y.S.2d 23

The People of the State of New York, Respondent, v. Pascal Carpenter, Appellant

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

December 27, 1993


Ordered that the judgment is affirmed.

We find the defendant's contention that the Supreme Court erred when it declined to give a charge on intoxication (Penal Law § 15.25) to be without merit. The evidence of intoxication was the defendant's testimony that he had consumed 40 ounces of beer some time before he entered the stolen vehicle. However, he did not testify as to how much time had elapsed between the consumption of the alcohol and the criminal acts with...

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