PEOPLE v. GONZALEZ


244 A.D.2d 236 (1997)

665 N.Y.S.2d 843

The People of the State of New York, Respondent, v. Francisco Gonzalez, Appellant

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

November 20, 1997


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The jury could properly reject defendant's intoxication defense, since there was ample evidence that he was not intoxicated at the time of the incident.

Although the trial court should have excluded an irrelevant statement by defendant, the error was harmless in light of the overwhelming evidence of defendant's guilt (see, People v Crimmins,

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