State V. Austin

The defendant, Richard Austin, was convicted by a jury of murder in violation of General Statutes § 53a-54a(a) *fn1 and carrying a pistol without a permit in violation of General Statutes § 29-35. *fn2 On appeal *fn3 from the judgment of the trial court, *fn4 the defendant challenges the propriety of several of the trial court's jury instructions, as well as the admission of certain identification evidence. Specifically, the defendant claims that the court improperly instructed the jury concerning: (1) the element of intent; (2) consideration of his mitigating evidence of intoxication; (3) manslaughter in the first degree pursuant to General Statutes § 53a-55(a)(3) by describing it as "reckless indifference manslaughter"; and (4) the definition of the term "extreme" as used in his affirmative defense of extreme emotional disturbance. The defendant further claims that the trial court improperly denied his motions to sup-press identifications of him as the assailant. We affirm the judgment of the trial court.