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PEOPLE v. TOCCO

138 Misc.2d 510 (1988)

The People of the State of New York, Plaintiff, v. Salvatore Tocco, Defendant.

Supreme Court, Bronx County.

February 5, 1988

Attorney(s) appearing for the Case

Paul Gentile, District Attorney (Donald H. Levin of counsel), for plaintiff. Robert I. Gardner for defendant.

DOMINIC R. MASSARO, J.

The novel question presented here is whether imbibing by a chronic alcoholic can rise to the level of misconduct making for recklessness per se. The court, absent any scientific standard of proof to the contrary, is disinclined to equate alcoholism with involuntariness; notwithstanding, it seeks some limiting principle whereby application of the cruel and unusual punishment prohibition...

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