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PEOPLE v. McCRAY

56 A.D.3d 359 (2008)

867 N.Y.S.2d 440

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL McCRAY, Appellant.

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

Decided November 20, 2008.

The court properly denied defendant's request for an intoxication charge. The evidence, viewed in the light most favorable to defendant (see People v Farnsworth, 65 N.Y.2d 734, 735 [1985]), was insufficient for a reasonable person to entertain a doubt as to the element of intent on the basis of intoxication (see People v Gaines, 83 N.Y.2d 925, 926-927 [1994]). While there was evidence of...

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