People v. Farnsworth
| Decision Date | 06 June 1985 |
| Citation | 492 N.Y.S.2d 12,65 N.Y.2d 734,481 N.E.2d 552 |
| Parties | , 481 N.E.2d 552 The PEOPLE of the State of New York, Respondent, v. Bryan FARNSWORTH, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 106 A.D.2d 878, 483 N.Y.S.2d 532, 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, 60 N.Y.2d 142, 144, 468 N.Y.S.2d 854, 456 N.E.2d 795; People v. Watts, 57 N.Y.2d 299, 301, 456 N.Y.S.2d 677, 442 N.E.2d 1188; People v. Torre, 42 N.Y.2d 1036, 1037, 399 N.Y.S.2d 203, 369 N.E.2d 759; People v. Steele, 26 N.Y.2d 526, 529, 311 N.Y.S.2d 889, 260 N.E.2d 527). Here, the appearance and conduct of defendant when he was arrested, which are described in the dissenting memorandum of Justice Samuel Green (106 A.D.2d, at pp. 880-882, 483 N.Y.S.2d 532), constituted sufficient evidence to warrant a charge on intoxication at defendant's trial.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.
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