PEOPLE v. TAYLOR


245 A.D.2d 399 (1997)

666 N.Y.S.2d 445

The People of the State of New York, Respondent, v. Richard Taylor, Appellant

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

December 8, 1997


Ordered that the judgment is affirmed.

The defendant contends that the People failed to prove his guilt of the crime of burglary in the third degree beyond a reasonable doubt because his intoxication rendered him incapable of knowingly entering or remaining in a building with "the intent to commit a crime therein" (Penal Law § 140.20). However, "even an intoxicated person may be capable of forming the requisite intent" to commit a crime (People v Robinson...

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