Opinion
2013-03-19
The PEOPLE of the State of New York, Respondent, v. Anna PACHECO, Defendant–Appellant.
Richard M. Greenberg, Office of The Appellate Defender, New York (Rosemary Herbert of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for respondent.
Richard M. Greenberg, Office of The Appellate Defender, New York (Rosemary Herbert of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for respondent.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered March 21, 2011, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree (two counts), burglary in the first degree (two counts) and assault in the second degree, and sentencing her to an aggregate term of 10 years, unanimously affirmed.
The court correctly denied defendant's request for an intoxication charge ( seePenal Law § 15.25). There was insufficient evidence, even when viewed in the light most favorable to defendant, for a reasonable person to entertain a doubt as to the element of intent on the basis of intoxication ( see People v. Perry, 61 N.Y.2d 849, 473 N.Y.S.2d 966, 462 N.E.2d 143 [1984];People v. McCray, 56 A.D.3d 359, 867 N.Y.S.2d 440 [1st Dept. 2008],lv. denied 12 N.Y.3d 760, 876 N.Y.S.2d 712, 904 N.E.2d 849 [2009];People v. Manning, 1 A.D.3d 241, 241, 767 N.Y.S.2d 573 [1st Dept. 2003],lv. denied 1 N.Y.3d 630, 777 N.Y.S.2d 29, 808 N.E.2d 1288 [2004] ).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We find the sentence not to be excessive.