Opinion
2002-05805.
Decided April 5, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Angiolillo, J.), rendered May 29, 2002, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Susan B. Marhoffer, Mount Kisco, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the People failed to prove his guilt beyond a reasonable doubt because his intoxication rendered him incapable of forming the requisite criminal intent ( see Penal Law § 15.25). An intoxicated person can form the requisite criminal intent to commit a crime, and it is for the trier of fact to decide if the extent of the intoxication acted to negate the element of intent ( see People v. Taylor, 245 A.D.2d 399; People v. Bergamini, 223 A.D.2d 548, 549; People v. O'Keefe, 191 A.D.2d 464, 465; People v. Angel, 185 A.D.2d 356, 358). Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
The defendant's remaining contentions either are without merit or do not require reversal.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.