PEOPLE v. CARTER


207 A.D.2d 734 (1994)

616 N.Y.S.2d 956

The People of the State of New York, Respondent, v. Dave Carter, Appellant

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

September 22, 1994


Defendant's claim that the trial court should have instructed the jury on the defense of intoxication is unpreserved for appellate review as a matter of law, defendant never having requested such an instruction, and we decline to review it in the interest of justice. If we were to review it, we would find that the evidence was insufficient to cause a reasonable person to entertain doubt whether defendant was so intoxicated as to be unable to form the specific intent to rob...

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