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The People of the State of New York, Respondent v. Anna Pacheco

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 19, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ANNA PACHECO, DEFENDANT-APPELLANT.

People v Pacheco

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 19, 2013 Andrias, J.P., Friedman, DeGrasse, Freedman, Abdus-Salaam, JJ.

Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered March 21, 2011, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree (two counts), burglary in the first degree (two counts) and assault in the second degree, and sentencing her to an aggregate term of 10 years, unanimously affirmed.

The court correctly denied defendant's request for an intoxication charge (see Penal Law § 15.25). There was insufficient evidence, even when viewed in the light most favorable to defendant, for a reasonable person to entertain a doubt as to the element of intent on the basis of intoxication (see People v Perry, 61 NY2d 849 [1984]; People v McCray, 56 AD3d 359 [1st Dept 2008], lv denied 12 NY3d 760 [2009]; People v Manning, 1 AD3d 241, 241 [1st Dept 2003], lv denied 1 NY3d 630 [2004]).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We find the sentence not to be excessive.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 19, 2013

CLERK

20130319

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