PEOPLE v. CARLO


46 A.D.2d 764 (1974)

The People of the State of New York, Respondent, v. Phillip Carlo, Appellant

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

November 21, 1974


Under the unique facts of this case, it was error to refuse to charge with respect to involuntary intoxication. If the defendant's testimony was believed, the jury could have found that he was acting under the influence of an hallucinogenic drug and was unable to control his behavior. Further, there was evidence to support the conclusion that the drug was taken involuntarily, for it could have been found that the defendant thought that the pill, which he claimed was given...

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