Judgment reversed, on the law, and new trial ordered.
In our opinion, the trial court's refusal to charge as to the possibility of intoxication deprived defendant of a substantial trial right. Intoxication, while it is not a defense, may be considered by a jury in determining the presence of the element of intent in any crime, pursuant to section 15.25 of the Penal Law. Intent is an element in all three of the crimes of which defendant stands convicted, an element...
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