People v. Rypinski
New York Appellate Division
157 A.D.2d 260 (1990)
Relevant factsFree
After drinking heavily and arguing with Gordon Ulrich, Roy Rypinski (defendant) retrieved his rifle and shot Ulrich in the leg. Rypinski testified he had ejected the rifle three times and believed it was unloaded, and that the shot was accidental. The trial court refused his request for a mistake-of-fact instruction on the reckless assault charge, and the jury convicted him. He appealed.
IssueFree
Whether a mistake of fact may negate the culpable mental state of recklessness.