Order reversed, on the law, above-mentioned branch of the defendant's motion denied, and indictment reinstated.
The court dismissed the indictment on the ground that the District Attorney failed to properly instruct the Grand Jury concerning the effect of drugs and alcohol on defendant's capacity to form the intent necessary to commit the crimes charged. However, the District Attorney read the applicable statute dealing with intoxication (Penal Law, § 15.25)...
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