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PEOPLE v. NATER

56 A.D.2d 664 (1977)

The People of the State of New York, Respondent, v. Heriberto Nater, Also Known as Herberto Nater, Appellant

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

February 28, 1977

Judgment reversed, as a matter of discretion in the interest of justice, and case remanded to Criminal Term for further proceedings not inconsistent herewith.

In the light of the uncontested testimony that the defendant was "high" on methadone on the night of the murder, there is sufficient evidence of intoxication in the record for a reasonable man to entertain a doubt as to the element of intent (see People v Orr, 43 A.D.2d 836

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