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PEOPLE v. RUMPH

47 A.D.2d 769 (1975)

The People of the State of New York, Respondent, v. John Rumph, Appellant

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

March 17, 1975

Judgment affirmed.

No opinion.

Shapiro, J., dissents and votes to reverse and order a new trial, with the following memorandum:

Defendant offered testimony tending to show that at the time of the commission of the crimes charged he was acting involuntarily, under the influence of LSD. The trial court instructed the jury as to the effect of voluntary intoxication. This was prejudicial error. The jury should have been instructed that...

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