69 N.Y.2d 642 | NY | 1986
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant, charged with burglaries of several Poughkeepsie businesses in the early morning of January 24, 1983, at trial contended that his chronic alcoholism and drug abuse constituted a disease or serious mental disorder short of insanity that relieved him of liability for those crimes. This defense was supported by his own testimony, as well as that of his
Defendant’s requested charges of diminished capacity and diminished capacity to form a specific mental state were both denied. His request for an intoxication charge was granted. The jury was instructed that, while intoxication is not a defense to a criminal charge, intent to commit a burglary — a conscious objective to engage in such conduct — must be established and that evidence of defendant’s alleged intoxication could be considered in determining whether or not his mind was so obscured by the consumption of alcohol or drugs that he was incapable of forming the requisite intent. The jury returned a verdict of guilty of two counts of burglary in the third degree and one count of criminal trespass in the third degree, and the Appellate Division affirmed, one Justice dissenting. On appeal to this court, defendant challenges the refusal of his request to charge diminished capacity as bearing on the issue of intent, and also the trial court’s limitation of his parents’ testimony.
The trial court did not err in its refusal to charge diminished capacity as bearing on the issue of intent. While proof of a mental defect other than insanity may "in a particular case negate a specific intent necessary to establish guilt” (People v Segal, 54 NY2d 58, 66), the Legislature has made specific provision regarding proof of intoxication. Evidence of intoxication "may be offered by the defendant whenever it is relevant
Nor did the court abuse its discretion by limiting the testimony of defendant’s parents to events of the night of the burglaries and excluding their testimony concerning past events.
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.
Order affirmed in a memorandum.