People v. Koerber, 84 N.Y.2d 923 (1994)
A jury instruction on intoxication is warranted only if there is sufficient evidence in the record for a reasonable person to doubt the element of intent based on intoxication; a bare assertion of intoxication is insufficient.
Summary
Defendant Koerber was convicted of second-degree assault following an altercation. He argued that the trial court erred in refusing to provide an intoxication instruction to the jury. The New York Court of Appeals affirmed the conviction, holding that the defendant’s testimony was equivocal and lacked specific details about his alcohol consumption needed to support a reasonable doubt regarding his intent due to intoxication. The Court emphasized the need for corroborating evidence beyond a mere claim of being intoxicated.
Facts
Koerber and a prostitute hired a driver, Boyd. An altercation ensued regarding payment. Koerber admitted to hitting Boyd, excusing his actions by stating he “may have lost control” because he “had a couple of drinks and [he] just got ripped off or whatever.” Upon arrival, officers witnessed Koerber kicking Boyd, who was older and smaller. The defendant requested an intoxication instruction, which the trial court denied.
Procedural History
The Supreme Court convicted Koerber of assault in the second degree. The Appellate Division affirmed the judgment, finding insufficient evidence to warrant an intoxication charge. A Justice of the Appellate Division granted leave to appeal to the Court of Appeals.
Issue(s)
Whether the trial court erred in refusing to instruct the jury on the defense of intoxication, pursuant to Penal Law § 15.25, given the defendant’s claim that he was intoxicated at the time of the assault.
Holding
No, because the defendant’s evidence lacked the requisite details tending to corroborate his claim of intoxication, and therefore, a reasonable person could not entertain a doubt as to the element of intent based on intoxication.
Court’s Reasoning
The Court of Appeals affirmed the Appellate Division’s decision, emphasizing that while the evidence must be viewed in the light most favorable to the defendant when evaluating whether a particular defense theory should have been charged, a mere assertion of intoxication is insufficient. The court cited People v. Perry, 61 NY2d 849, 850, stating, “A charge on intoxication should be given if there is sufficient evidence of intoxication in the record for a reasonable person to entertain a doubt as to the element of intent on that basis.” The court found that Koerber’s evidence lacked crucial details, such as the number of drinks, the time frame of consumption, the time lapse between consumption and the event, whether alcohol was consumed on an empty stomach, the alcohol content of the drinks, and the specific impact of alcohol on his behavior or mental state. The court referenced People v. Rodriguez, 76 NY2d 918, 921, noting that neither the prostitute’s statement that the defendant was “high” nor the police officer’s observation of glassy eyes and alcohol on his breath added sufficiently to warrant the intoxication instruction. The court emphasized that the defendant needed to provide specific facts about his intoxication, not just a vague claim, to warrant the instruction. The absence of such details made it impossible for a reasonable person to doubt the element of intent due to intoxication, justifying the trial court’s refusal to give the instruction.