(DOWNLOAD) "People v. Malaussena" by Bronx County New York Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: People v. Malaussena
- Author : Bronx County New York Supreme Court
- Release Date : January 13, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The defendant was charged with two counts of Murder in the Second Degree, based upon theories of Intent (P.L. 125.25[1]) and Depraved Indifference Recklessness (P.L. 125.25[2]). At trial, after the People elected to proceed on the theory that the murder was committed intentionally (see People v. Payne, 3 NY3d 266), the defendant, prior to summations, requested an instruction to the jury on the "defense" of intoxication. That request was refused. This Opinion reiterates the courts earlier oral ruling and sets out, in greater detail, the courts reasoning for its refusal.