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PEOPLE v. SIRICO

No. 116

17 N.Y.3d 744 (2011)

952 N.E.2d 1006

929 N.Y.S.2d 14

2011 NY Slip Op 4718

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS SIRICO, Appellant.

Court of Appeals of New York.

Decided June 7, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Appeals Bureau, Riverhead ( John M. Dowden , Robert L. Cicale and Robert C. Mitchell of counsel), for appellant.

Thomas J. Spota , District Attorney, Riverhead ( Anne E. Oh of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur; Judge JONES dissents and votes to reverse in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Following a jury trial, defendant was convicted of murder in the second degree (Penal Law § 125.25 [1] [intentional murder]). The charges arose after defendant, an experienced archery hunter, shot an arrow from his compound bow towards his neighbor's yard, fatally striking the victim. On appeal, defendant principally contends that he was entitled to an intoxication...

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