State v. R.T.

The opinion of the court was delivered by

AXELRAD, P.J.A.D.

Defendant was convicted, after a trial, of multiple counts of first-degree aggravated sexual assault and one count of second-degree endangering the welfare of a minor. In this appeal we consider primarily whether defendant’s right to a fair trial was prejudiced by the court charging the jury with intoxication as possibly negating an element of the crime, over defendant’s objection. Finding error, we reverse and remand for a new trial.

The jury heard testimony that defendant is the uncle of L.T. and that he gained custody from L.T.’s…