People v. Carlo

Judgment, Supreme Court, New York County, rendered December 17, 1971 convicting defendant after a trial by jury of assault in the third degree and possession of a weapon as a félony and sentencing him to a term of imprisonment with a maximum of three years on the assault charge, and six months on the weapon charge, the terms to run concurrently, unanimously reversed, on the law, and a new trial directed. Under the unique facts of this case, it was error to refuse to charge with respect to involuntary intoxication. If the defendant’s testimony was believed, the jury could have found that he…