People v. Murdaugh

71 A.D.2d 609, 418 N.Y.S.2d 131, 1979 N.Y. App. Div. LEXIS 12822

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 2, 1979
• Status: Published

Opinion

—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.