Judgment of conviction unanimously reversed on the law and facts and a new trial granted. Appeal from order dismissed as academic.
Memorandum:
The trial court erred in failing to charge assault, third degree, and we, in the exercise of proper discretion, think it should have been done despite the failure of defendant's assigned counsel to so request. In view of the evidence of defendant's intoxication, the jury, under appropriate instructions, might have found...
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