New York Kings County Indicted Intoxication Felony Murders Confession Count Actus Reus Lawyers Attorney
The People of the State of New York, Plaintiff, v. Jeffrey Davis, Defendant
Supreme Court of New York, Criminal Expression, Kings County
Might 31, 1985
Details:
The defendant has been indicted for felony murder counts (the underlying felonies are robbery and burglary) and one particular count of intentional murder. Defendant’s confession indicates that at the time of the homicide he was “high” on medications. In its jury charge this court did not charge intoxication as to felony murder, but did cost intoxication as to intentional murder. This court has expanded its rationale for not charging intoxication as to the felony murder counts.
Issues:
Whether or not intoxication can be charged to the counts on felony murders?
Dialogue:
This court explained that intoxication was not a protection to a criminal charge, but could be presented by defendant if it was appropriate to negate an factor of the crime charged. The court delivered an view expanding on its rationale for not charging the jury on intoxication as a defense to a charge of felony murder against defendant. The underlying felony was an aspect of the crime of felony murder, but functioned as a substitute for the mens rea or intent necessary for widespread law murder, and this substituted intent could not be negated by intoxication. At greatest, the underlying felony was an aggravating circumstance describing the factual environment in which the threat-generating perform resulting in the murder occurred. In New York, intoxication, despite the fact that not a defense to a criminal charge, may be offered by a defendant at trial “anytime it is relevant to negative an factor of the crime charged” (Penal Law § fifteen.twenty five emphasis extra).It would look that despite the fact that intoxication is a “defense” to the underlying felony, it does not utilize to felony murder. As the underlying felony is not a lesser included offense of felony murder, the underlying felony, as a issue of law, is not an vital element of felony murder. The underlying felony, not getting an component of felony murder, can greatest be described as an aggravating circumstance. It describes the “factual setting in which the chance creating conduct must happen, objective situations. Such “objective circumstances” can not be negatived by intoxication. This court for that reason did not charge intoxication as to the counts alleging felony murder.
Conclusion:
This court for this reason did not charge intoxication as to the counts charging defendant with felony murder.
Disclaimer:
These summaries are offered by the SRIS Law Group. They signify the firm’s unofficial views of the Justices’ opinions. The authentic views should be consulted for their authoritative content.
