Justice KOURLIS delivered the Opinion of the Court.
In this case, a jury convicted defendant, Walter Sepulveda, of first-degree murder after deliberation. Over the objections of the defendant, the trial court instructed the jury that it could not consider intoxication as a defense to the "after deliberation" element of first-degree murder. Sepulveda appealed his conviction.
In People v. Harlan,
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