PEOPLE v. PIRANIAN


47 A.D.2d 668 (1975)

The People of the State of New York, Respondent, v. Russell P. Piranian, Appellant

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

February 24, 1975


Judgment reversed, on the law, and new trial ordered. No issues of fact were raised on this appeal and none were considered.

In view of defendant's testimony to the effect that on the day of the crimes charged he had consumed nine bottles of beer and was "fairly intoxicated", the jury could have found that at the time in question he was too intoxicated to intend to prevent a peace officer from performing his lawful duty...

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