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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1997
238 A.D.2d 522 (N.Y. App. Div. 1997)

Opinion

April 21, 1997


Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered September 21, 1995, convicting her of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Having failed to request a charge on the defense of intoxication (see, Penal Law § 15.25) with respect to the second degree murder charge, or to take exception to the charge as issued, the defendant's contention that she was denied a fair trial by the court's failure to deliver such a charge is unpreserved for appellate review (see, CPL 470.05; People v. Adams, 166 A.D.2d 711). In any event, on this record, there was insufficient evidence of intoxication for a reasonable person to entertain a doubt as to the element of intent on that basis (see, People v. Gaines, 83 N.Y.2d 925; People v. Rodriguez, 76 N.Y.2d 918; People v. Perry, 61 N.Y.2d 849).

The sentence imposed was not excessive (see, People v. Motley, 116 A.D.2d 596; People v. Suitte, 90 A.D.2d 80). Pizzuto, J.P., Santucci, Joy and Florio, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1997
238 A.D.2d 522 (N.Y. App. Div. 1997)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHANELL JOHNSON…

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

Date published: Apr 21, 1997

Citations

238 A.D.2d 522 (N.Y. App. Div. 1997)
657 N.Y.S.2d 934

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