The People v. Sirico
Annotate this CaseDefendant was convicted of murder in the second degree where defendant, an experienced archery hunter, shot an arrow from his compound bow towards his neighbor's yard, fatally striking the victim. On appeal, defendant principally contended that he was entitled to an intoxication charge. The court held that there was insufficient evidence to support an inference that defendant was so intoxicated as to be unable to form the requisite intent. The court held, however, that the uncontradicted record evidence, including defendant's own account, supported the conclusion that his overall behavior on the day of the incident was purposeful. Accordingly, defendant was not entitled to an intoxication charge.
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