New York Court of Appeals, 1987

People v. Allen

New York Court of Appeals · Decided April 23, 1987 · Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa Concur

69 N.Y.2d 915; 508 N.E.2d 934; 516 N.Y.S.2d 199; 1987 N.Y. LEXIS 16357

Cases that cite this one

35 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Zapata (Appellate Division of the Supreme Court of New York 2012)
People v. Zapata (Appellate Division of the Supreme Court of New York 2012)
People v. Thomas (Appellate Division of the Supreme Court of New York 1999)
People v. Baez (Appellate Division of the Supreme Court of New York 2019)
People v. Giddens (Appellate Division of the Supreme Court of New York 2018)
SCOTT, RICKIE R., PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
People v. Scott (Appellate Division of the Supreme Court of New York 2013)
People v. Scott (Appellate Division of the Supreme Court of New York 2013)
People v. Taylor (Appellate Division of the Supreme Court of New York 2009)
People v. Blalock (Appellate Division of the Supreme Court of New York 2007)
People v. Millington (Appellate Division of the Supreme Court of New York 2007)
People v. Lebrecht (Appellate Terms of the Supreme Court of New York 2006)
People v. Torres (Appellate Division of the Supreme Court of New York 2004)
People v. Cruz (Appellate Division of the Supreme Court of New York 2000)
People v. Francis (Appellate Division of the Supreme Court of New York 1999)
People v. Gamez (Appellate Division of the Supreme Court of New York 1997)
People v. Morales (Appellate Division of the Supreme Court of New York 1996)
People v. Manley (Appellate Division of the Supreme Court of New York 1996)
In re Y. K. (Appellate Division of the Supreme Court of New York 1995)
People v. Nieves (Appellate Division of the Supreme Court of New York 1994)
People v. Smith (N.Y. 1993)
People v. Velez (Appellate Division of the Supreme Court of New York 1992)
People v. Maldonado (Appellate Division of the Supreme Court of New York 1991)
People v. Colon (Appellate Division of the Supreme Court of New York 1991)
People v. May (Appellate Division of the Supreme Court of New York 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division affirming a judgment of conviction for murder in the second degree should be affirmed.

Defendant’s central contention on this appeal relates in two respects to instructions to the jury on intoxication. There is no error in denying a reinstruction on intoxication in the supplemental charge to the jury inasmuch as the jury did not ask for reinstruction on that issue but only on the elements of the crime charged.

Defendant’s objection to the primary instruction on intoxication is now framed as a violation of due process by importing a burden of proof shift or undue emphasis on credibility. It was not so framed as an objection expressed to the Trial Judge, and is not adequately preserved by the unparticularized objection to the intoxication instruction.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.