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PEOPLE v. CESARE

68 A.D.2d 938 (1979)

The People of the State of New York, Respondent, v. Steven Cesare, Appellant

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

March 26, 1979

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

The most serious error in this record is the failure of the trial court to adequately explain to the jury the effect of intoxication on criminal liability or to relate the relevant section of the Penal Law (§ 15.25) to the facts (cf. People v Valentine, 54 A.D.2d 568). While the evidence against the defendant was very strong, a properly charged jury might have found...

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