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People v. Dildine

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1010 (N.Y. App. Div. 1992)

Opinion

October 7, 1992

Appeal from the Steuben County Court, Purple, Jr., J.

Present — Denman, P.J., Boomer, Lawton, Fallon and Doerr, JJ.


Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the trial court's instructions on intoxication were erroneous. The court properly instructed the jury to consider whether defendant's intoxication made him incapable of forming the intent to kill or cause injury to the victim (see, People v Westergard, 69 N.Y.2d 642, 644; People v Koerber, 244 N.Y. 147; People v Lang, 143 A.D.2d 685; 1 CJI[NY] 9:46, at 521). We have examined defendant's remaining arguments and find them to be lacking in merit. Finally, we decline to modify defendant's sentence in the interest of justice.


Summaries of

People v. Dildine

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1010 (N.Y. App. Div. 1992)
Case details for

People v. Dildine

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK W. DILDINE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 7, 1992

Citations

186 A.D.2d 1010 (N.Y. App. Div. 1992)