People v. Goldring
| Decision Date | 12 November 2015 |
| Citation | 133 A.D.3d 684,2015 N.Y. Slip Op. 08189,19 N.Y.S.3d 87 |
| Parties | The PEOPLE, etc., respondent, v. Robert J. GOLDRING, appellant. |
| Court | New York Supreme Court — Appellate Division |
133 A.D.3d 684
19 N.Y.S.3d 87
2015 N.Y. Slip Op. 08189
The PEOPLE, etc., respondent,
v.
Robert J. GOLDRING, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 12, 2015.
Lynn W.L. Fahey, New York, N.Y. (Dina Zloczowerof counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Merri Turk Lasky, John M. Castellano, Johnnette Traill,
Ellen C. Abbot, and Daniel Bresnahan of counsel), for respondent.
OpinionAppeals by the defendant (1) from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered December 20, 2012, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence, and (2), by permission, from an order of the same court dated March 29, 2013, which denied, without a hearing, his motion pursuant to CPL 440.10to vacate the judgment of conviction rendered December 20, 2012.
ORDERED that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial; and it is further,
ORDERED that the appeal from the order is dismissed as academic in light of our determination on the appeal from the judgment.
The defendant's convictions of assault in the second degree and criminal possession of a weapon in the fourth degree arise
out of an incident during which the defendant allegedly struck another man (hereinafter the complainant) with a metal pipe in the presence of the complainant's wife. Viewing the intoxication evidence in the light most favorable to the defendant (see People v. Farnsworth,65 N.Y.2d 734, 492 N.Y.S.2d 12, 481 N.E.2d 552), we conclude, contrary to the Supreme Court's determination, that an intoxication instruction (seePenal Law § 15.25) was warranted (see People v. Smith,43 A.D.3d 475, 840 N.Y.S.2d 824). The...
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