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PEOPLE v. FARNSWORTH

65 N.Y.2d 734 (1985)

The People of the State of New York, Respondent, v. Bryan Farnsworth, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1985.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Howard K. Broder of counsel), for appellant.

Howard R. Relin, District Attorney (Wendy Evans Lehmann of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

A reversal is mandated by the trial court's denial of defendant's request for a charge on intoxication. Where the issue on appeal is whether a particular theory of defense should have been charged to the jury, the evidence must be viewed in the light most favorable to the defendant (People v Padgett,

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