People v. Orr

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 29, 1972, convicting him of assault in the third degree, criminal mischief in the third degree and resisting arrest, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. In our opinion, the trial court’s refusal to charge as to the possibility of intoxication deprived defendant of a substantial trial right. Intoxication, while it is not a defense, may be considered by a jury in determining the presence of the element of intent in any crime, pursuant to…