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Criminal Law Keyed to Ohlin
People v. Newton
Citation:
8 N.Y.3d 460 (2007)Facts
The defendant was indicted of sodomy in the third degree, and other charges, based on engaging in oral sex with a 19 year old male by forcible compulsion and without consent. The defendant argued that the alleged victim did not resist or otherwise communicate a lack of consent, and that he perceived the sexual act to be consented. It is undisputed that the defendant had been consuming beer steadily in the hours before the incident.
At trial, the defendant requested an instruction on intoxication. While intoxication is not a defense to a criminal charge, evidence of a defendant’s intoxication may be offered whenever relevant to negative an element of the crime charged. The trial court did not give the instruction with respect to third degree sodomy. He was convicted.
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