PEOPLE v. FELIX


232 A.D.2d 228 (1996)

648 N.Y.S.2d 87

The People of the State of New York, Respondent, v. Samuel Felix, Appellant

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

October 10, 1996


The trial court correctly refused defendant's request for an intoxication charge given the sketchy evidence of defendant's alcohol consumption, viewed together with his previous threat to kill the victim, and his announcement of his intent to kill her immediately before firing his revolver into her chest and back at point-blank range.

Defendant's request to have the jury instructed on extreme emotional disturbance was properly denied for failure to give written notice...

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