300 A.D.2d 412 751 N.Y.S.2d 747

The People of the State of New York, Respondent, v Rafael Malave, Appellant.

[751 NYS2d 747]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered September 21, 2000, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the Supreme Court erred in declining to give a charge on intoxication (see Penal Law § 15.25) is without merit, as the evidence was insufficient to conclude that a reasonable juror might find that the defendant’s intent was affected by the alcohol that he consumed (see People v Gaines, 83 NY2d 925; People v Rodriguez, 76 NY2d 918; People v Perry, 61 NY2d 849). Prudenti, P.J., Florio, Friedmann and Adams, JJ., concur.

People v. Malave
300 A.D.2d 412 751 N.Y.S.2d 747

Case Details

Name
People v. Malave
Decision Date
Dec 9, 2002
Citations

300 A.D.2d 412

751 N.Y.S.2d 747

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!