New York Court of Appeals

The People of the State of New York, Respondent v. Thomas Sirico, Appellant

June 7, 201117 N.Y.3d 744

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that the defendant was not entitled to a jury instruction on intoxication because the record lacked sufficient evidence of intoxication to create doubt as to intent. The Court applied the low evidentiary threshold set by People v. Perry and People v. Gaines and found the defendant’s conduct purposeful. Justice Jones dissented, arguing that the record did show sufficient intoxication evidence and that the conviction should be reversed.