The Court of Appeals has held that the person must have "consumed" alcohol. see People v. Cruz, 48 N.Y.2d 419, 399 N.E.2d 513, 423 N.Y.S.2d 625, app dismd 446 U.S. 901 (1979) (Court, at least twice, spoke of the consumption of alcohol at 427 and 428.)
So the ketosis defense would work in New...