People v. Shuler

APPELLATE DIVISION
THIRD DEPARTMENT
Criminal Practice

New York Law Journal

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Justice Leslie Stein

Shuler appealed from a judgment convicting him of attempted robbery, arguing the verdict was against the weight of the evidence. He contended the evidence did not support a finding he was able to form the mental intent required for criminal responsibility because of intoxication. The panel noted that while witnesses testified Shuler smelled of alcohol, he did not appear inebriated. Further, evidence was presented negating Shuler's allegation in that he had the presence of mind to approach police with arms raised stating he was unarmed and providing officers a cogent narrative. The panel also found Shuler's contention that his conviction under the second count should be reversed, arguing the evidence failed to support a finding he knew co-defendants possessed or would display what appeared to be a firearm, unavailing stating such knowledge was unnecessary to establish Shuler's criminal responsibility. The panel also rejected Shuler's unsupported claim that his adjudication as a persistent violent felony offender was contrary to law.

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