PEOPLE v. VALENTINE


54 A.D.2d 568 (1976)

The People of the State of New York, Respondent, v. Roosevelt Valentine, Appellant

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

September 20, 1976


Judgment reversed, on the law, and new trial ordered.

The facts have been considered and determined to have been established. As a defense to the charge that he illegally possessed a revolver, defendant introduced evidence at the trial to show that he was intoxicated when he came into possession of the revolver and that he did not remember how it found its way into his waistband. During the trial, the court made it clear that it believed the defendant could be convicted...

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