Opinion
September 22, 1994
Appeal from the Supreme Court, New York County (Ira Beal, J.).
Defendant's claim that the trial court should have instructed the jury on the defense of intoxication is unpreserved for appellate review as a matter of law, defendant never having requested such an instruction, and we decline to review it in the interest of justice. If we were to review it, we would find that the evidence was insufficient to cause a reasonable person to entertain doubt whether defendant was so intoxicated as to be unable to form the specific intent to rob the victim (see, People v. Searles, 171 A.D.2d 465, lv denied 78 N.Y.2d 926; People v. Rivera, 160 A.D.2d 419, lv denied 76 N.Y.2d 1024). Nor do we perceive any abuse of sentencing discretion.
Concur — Sullivan, J.P., Carro, Ellerin, Kupferman and Asch, JJ.