Opinion
Submitted March 6, 2000.
June 5, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flug, J.), rendered December 10, 1996, convicting him of assault in the first degree (two counts) and assault in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (William B. Carney of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Joan Yang of counsel), for respondent.
Before: GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's claims, the Supreme Court did not err in failing to give a supplemental charge on the defense of intoxication in response to a jury note, and the court meaningfully responded to the jury request for a readback of the first two counts of the indictment and the law applicable to these two counts of the indictment (see, People v. Almodovar, 62 N.Y.2d 126, 131; People v. Malloy, 55 N.Y.2d 296, 301-302, cert denied 459 U.S. 847; People v. Jackson, 226 A.D.2d 476).
The defendant's contention that the court erred in submitting to the jury the charges of intentional assault in the first degree (see, Penal Law § 120.10) and reckless assault in the first degree (see, Penal Law § 120.10) in the conjunctive, rather than in the alternative (see, CPL 300.30; People v. Gallagher, 69 N.Y.2d 525), is unpreserved for appellate review (see, CPL 470.05), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.