Opinion
November 4, 1993
Appeal from the Supreme Court, New York County (Richard B. Lowe, III, J.).
While the defendant showed signs of cocaine use when arrested, the inculpatory statement in issue was not made until some nine hours later, when defendant clearly was not intoxicated (see, People v Schompert, 19 N.Y.2d 300, 305-306, cert denied 389 U.S. 874), as demonstrated by the arresting officers' corroboration of some key parts of the statement.
Nor did the trial court err in refusing to instruct the jury that it should consider whether defendant was justified in using physical force to terminate a larceny, there being no reasonable view of the evidence to support a finding (see, People v Padgett, 60 N.Y.2d 142, 144-145) that defendant "reasonably believe[d]" (Penal Law § 35.25; People v Goetz, 68 N.Y.2d 96, 114-115) that the purported larceny had not been completed and that he could prevent the complainant from taking his money by tying her up.
Concur — Sullivan, J.P., Rosenberger, Ellerin and Wallach, JJ.