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PEOPLE v. MERCADO

200 A.D.2d 424 (1994)

606 N.Y.S.2d 223

The People of the State of New York, Respondent, v. Bienvenido Mercado, Appellant

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

January 11, 1994

Intoxication is not a defense but merely a matter to be considered by the fact finder in determining whether it negates an element of the crime charged (Penal Law § 15.25). A person who is intoxicated may possess the requisite intent to commit a crime and it is for the finder of the facts to decide if the extent of the intoxication was such as to negate the element of intent (People v O'Keefe, 191 A...

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