Opinion
June 5, 1992
Appeal from the Oneida County Court, Buckley, J.
Present — Green, J.P., Pine, Boehm, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the trial court erred in failing to charge the jury on intoxication pursuant to Penal Law § 15.25. On the evidence at trial, no reasonable jury could have inferred that defendant's capacity to form an intent had been affected by the ingestion of alcohol or drugs (see, People v. Rodriguez, 76 N.Y.2d 918, 920-921). Moreover, that issue is unpreserved; defendant neither requested an intoxication charge nor excepted to the absence of such charge (see, CPL 470.05).
We have examined defendant's other contention and find it also to be without merit.