¶1—Appeal by defendant from a judgment of the County Court, Nassau County, rendered November 30, 1978, convicting him of criminal mischief in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The trial court’s failure, on this record, to charge on intoxication constituted reversible error (see People v Orr, 43 AD2d 836, affd 35 NY2d 829; People v Summer, 64 AD2d 658; see, also, Penal Law, § 15.25). Suozzi, J. P., Cohalan, Margett and Martuscello, JJ., concur.
71 A.D.2d 609
People v. Murdaugh
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1979
Appellate Division of the Supreme Court of the State of New York · decided 1979-07-02
Decided 1979-07-02