PEOPLE v. SILVERIO


252 A.D.2d 358 (1998)

675 N.Y.S.2d 74

The People of the State of New York, Respondent, v. Eladio Silverio, Appellant

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

July 2, 1998


The trial court properly refused defendant's request for an intoxication charge in light of the very limited evidence of defendant's alcohol consumption, consisting merely of the arresting officers' testimony that upon his arrest, defendant's breath smelled of alcohol and his eyes were red and glassy, contrasted with defendant's previous threat to kill the victim, his actions in targeting the victim, hiding his weapon until he shot her, and hiding his baseball cap before...

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