Appeal by defendant from a judgment of the County Court, Nassau County, rendered November 30, 1978, convicting him of criminal mischief in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The trial court's failure, on this record, to charge on intoxication constituted reversible error (see People v. Orr, 43 A.D.2d 836, affd 35 N.Y.2d 829; People v. Summer, 64 A.D.2d 658; see, also, Penal Law, § 15.25). Suozzi, J.P., Cohalan, Margett and Martuscello, JJ., concur.