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PEOPLE v. HERNANDEZ

298 A.D.2d 308 (2002)

748 N.Y.S.2d 495

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL HERNANDEZ, Appellant.

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

Decided October 29, 2002.

The evidence adduced at trial established that defendant acted in concert with other persons, and thus warranted an instruction on accessorial liability (Penal Law § 20.00; People v Rivera, 84 N.Y.2d 766).

The court properly refused defendant's request for a jury instruction on intoxication since, even when the evidence is viewed in a light most favorable to defendant, there was insufficient proof of intoxication to...

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