People v. Donny P. Beaty


AD4 order dated November 10, 2011, affirming judgment of conviction. Decision below: 89 A.D.3d 1414, 932 N.Y.S.2d 280. Smith, J., granted leave June 27, 2012.

ISSUES PRESENTED: (1) Whether the court properly refused an intoxication charge, even though the defendant’s statement to the police contained an assertion that he had been drinking, and the complainant testified that she smelled alcohol on the perpetrator’s breath. (2) The denial of the motion to sever the first four counts of the indictment, charging rape as to one victim, from the fifth count, charging burglary as to a different victim. (3) Sufficiency of evidence of second-degree burglary. (Assigned counsel: Timothy P. Donaher, Monroe County Public Defender, 10 N. Fitzhugh St., Rochester, NY 14614.)

Issue before the Court: In a rape case, where the record evidence of the defendant’s intoxication consisted of his own statements that he was drunk and the victim’s testimony that she smelled alcohol on his breath, was the defendant entitled to an intoxication charge?

Held: The evidence here was insufficient to warrant the charge, as the "[d]efendant's bare assertions concerning his intoxication were, by themselves, insufficient," and the victim’s testimony did not corroborate his claim that he was drunk. Even if he had consumed alcohol, his conduct, including cutting a hole in a screen and stealing the victim’s cell phone so she couldn’t call the police, was purposeful.