Second Department: Court Erred in Denying Intoxication Charge Request
Appellate Advocates client Robert Goldring was charged with assault in the second degree and criminal possession of a weapon in the fourth degree for allegedly hitting another man with a metal pipe. At trial, the complainant's wife testified that Mr. Goldring was holding a beer, appeared to be drunk, and smelled like beer just before the incident. The court, however, denied defense counsel's request for an intoxication charge.
On November 12, 2015, the Appellate Division, Second Department, held that the court erred in refusing to deliver the intoxication charge, reversed the conviction, and ordered a new trial.
Dina Zloczower briefed and argued the case on behalf of Appellate Advocates.