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People v. Pringle

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2000
270 A.D.2d 291 (N.Y. App. Div. 2000)

Opinion

Submitted February 1, 2000

March 9, 2000

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered July 21, 1998, convicting him of attempted assault in the first degree, attempted assault in the second degree, burglary in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Sonia Mikolic-Torreira of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Sholom J. Twersky of counsel), for respondent.

DAVID S. RITTER, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant did not request a jury charge on the defense of intoxication during his trial, and therefore the issue of whether the charge should have been given is not preserved for appellate review (see, CPL 470.05[2]; People v. Quinones, 251 A.D.2d 517 ;People v. Johnson, 238 A.D.2d 522, 523 ; People v. Powell, 181 A.D.2d 923 ). In any event, viewing the intoxication evidence in the light most favorable to the defendant (see, People v. Quinones, supra;People v. Cortez, 184 A.D.2d 571 ), there was insufficient evidence regarding the effect of the liquor the defendant had consumed hours before the crime to warrant a charge on intoxication (see, People v. Quinones, supra; People v. Johnson, supra; People v. Powell, supra).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

RITTER, J.P., SANTUCCI, THOMPSON, and McGINITY, JJ., concur.


Summaries of

People v. Pringle

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2000
270 A.D.2d 291 (N.Y. App. Div. 2000)
Case details for

People v. Pringle

Case Details

Full title:THE PEOPLE, etc., respondent, v. VICTOR PRINGLE, appellant. (Ind. No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 9, 2000

Citations

270 A.D.2d 291 (N.Y. App. Div. 2000)
704 N.Y.S.2d 844

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