PEOPLE v. RUMPH


38 N.Y.2d 989 (1976)

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

Court of Appeals of the State of New York.

Decided March 30, 1976.


Attorney(s) appearing for the Case

Amy Rothstein and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Steven W. Fisher of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed. The principal error which appellant asserts was not preserved for our review.

On trial appellant claimed that the conduct on which the charges against him were predicated occurred while he was under the influence of Coca Cola which had been spiked with LSD without his knowledge. At the conclusion of the evidence he requested a charge that intoxication...

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