People v. Williams
| Decision Date | 19 October 1992 |
| Parties | THE PEOPLE, etc., Respondent, v. Curtis WILLIAMS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Malvina Nathanson, New York City, for appellant.
Charles J. Hynes, Dist. Atty., Brooklyn (Jay M. Cohen, Victor Barall and Jonathan Frank, of counsel; Steven G. Sanders and Daniel G. Fitzpatrick on the brief), for respondent.
Before BRACKEN, J.P., and SULLIVAN, BALLETTA and COPERTINO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered August 16, 1990, convicting him of manslaughter in the second degree (two counts), assault in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress a videotaped statement made to law enforcement officials.
ORDERED that the judgment is affirmed.
The trial evidence showed that after drinking wine with a friend, the defendant took his rifle to the roof of his Brooklyn apartment building and fired approximately 17 shots onto the street below, killing two persons and wounding another. On appeal, the defendant argues that the court erred in refusing to instruct the jury that his chronic alcoholism rendered his intoxication involuntary so as to negate the mens rea element of reckless manslaughter (see, Penal Law § 125.15[1]. We find no merit to this contention.
The Legislature has determined that voluntary intoxication may not be raised in defense of reckless manslaughter since the act of becoming intoxicated itself constitutes recklessness (see, Penal Law §§ 15.05[3]; 15.25; People v. Register, 60 N.Y.2d 270, 469 N.Y.S.2d 599, 457 N.E.2d 704, cert. denied 466 U.S. 953, 104 S.Ct. 2159, 80 L.Ed.2d 544). Contrary to the defendant's contention, alcoholism does not render an alcoholic's intoxication involuntary so as to relieve him from liability for the reckless acts committed while he is intoxicated (see, People v. Westergard, 69 N.Y.2d 642, 511 N.Y.S.2d 587, 503 N.E.2d 1018; People v. Tocco, 138 Misc.2d 510, 525 N.Y.S.2d 137; see also, People v. Davis, 33 N.Y.2d 221, 351 N.Y.S.2d 663, 306 N.E.2d 787, cert. denied 416 U.S. 973, 94 S.Ct. 1999, 40 L.Ed.2d 562). Therefore, the court properly denied the defendant's charge request.
We also reject the defendant's argument that his videotaped statement should have been suppressed because he did not voluntarily, knowingly and...
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