PEOPLE v. REAL


137 A.D.2d 416 (1988)

The People of the State of New York, Respondent, v. Edgar Real, Appellant.

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

February 4, 1988


Although the trial court was informed that defendant would testify that he was under the influence of marihuana mixed with "angel dust" when he committed these crimes, it refused to permit the defense to allow a psychiatrist to testify about the conduct of people who use such drugs.

This ruling effectively deprived defendant of a fair trial. Since the key issue for the jury's determination was whether defendant could have formed the required intent for the charged...

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