PEOPLE v. BENJAMIN


17 A.D.3d 688 (2005)

793 N.Y.S.2d 547

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT BENJAMIN, Appellant.

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

April 25, 2005.


Ordered that the judgment is affirmed.

The defendant's contention that his statements to law enforcement officials were rendered involuntary as a result of his intoxication is without merit. Intoxication alone is insufficient to render a statement involuntary (see People v Roth, 139 A.D.2d 605, 606 [1988]). Only where it is demonstrated that the defendant was intoxicated to a degree of mania or of being unable to understand...

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