Opinion
October 7, 1992
Appeal from the Steuben County Court, Purple, Jr., J.
Present — Denman, P.J., Boomer, Lawton, Fallon and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the trial court's instructions on intoxication were erroneous. The court properly instructed the jury to consider whether defendant's intoxication made him incapable of forming the intent to kill or cause injury to the victim (see, People v Westergard, 69 N.Y.2d 642, 644; People v Koerber, 244 N.Y. 147; People v Lang, 143 A.D.2d 685; 1 CJI[NY] 9:46, at 521). We have examined defendant's remaining arguments and find them to be lacking in merit. Finally, we decline to modify defendant's sentence in the interest of justice.