Opinion
October 6, 1989
Appeal from the Supreme Court, Erie County, Rossetti, J.
Present — Denman, J.P., Green, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: The hearing court's finding that defendant's confession was knowingly and voluntarily made is entitled to great weight (see, People v Prochilo, 41 N.Y.2d 759, 761) and is supported by the record (see, People v Adams, 26 N.Y.2d 129, 137, cert denied 399 U.S. 931; cf., People v Schompert, 19 N.Y.2d 300, 305). The record also supports the jury determination that defendant's intoxication, if any, did not negate her intent on the weapon possession count. The assault conviction was not based on defendant's intent but upon her reckless conduct, which encompasses the risks created by defendant's drinking (see, People v Register, 60 N.Y.2d 270, 280, cert denied 466 U.S. 953). The evidence clearly supports the jury determination that defendant's assault was not justified. Justification is not a defense to illegal weapon possession (see, People v Pons, 68 N.Y.2d 264).