PEOPLE v. COOPER


13 A.D.3d 70 (2004)

784 N.Y.S.2d 870

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN COOPER, Appellant.

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

December 2, 2004.


The record contradicts defendant's assertion that the court refused to consider the defense of intoxication. Prior to summations, the court expressly agreed to consider that defense, and it reviewed, among other things, medical records offered by defendant in an effort to substantiate it. Subsequently, in reaching a verdict, the court expressly concluded, as trier of fact, that the element of intent was not negated by intoxication. That conclusion is fully supported by the...

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