PEOPLE v. CAVERIO


286 A.D. 972 (1955)

The People of the State of New York, Respondent, v. Alfred Souza Caverio, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 14, 1955.


Order settled as follows: Judgment of conviction reversed and a new trial ordered upon the ground of the inadequacy and erroneousness of the charge of the trial court on the subject of intoxication, without regard to the adequacy of the exception thereto. In view of the fact that, in this situation, it is uncertain whether the reversal should be deemed to be upon the law alone or both upon the law and in the exercise of discretion in the interests of justice, we certify that...

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