Opinion
October 6, 1997
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment as amended is affirmed.
The defendant contends that he was entitled to a charge on the defense of justification (see, Penal Law § 35.05) because, at the time he was arrested for operating a motor vehicle while under the influence of alcohol, he was driving a passenger to a hospital. However, the charge request was properly denied since there was no reasonable view of the evidence to support it ( see, People v. Watts, 57 N.Y.2d 299). The passenger, who appeared to be intoxicated but not in need of medical attention, was not in any imminent danger so as to warrant the "emergency measure" (Penal Law § 35.05) of having another intoxicated person drive him to a hospital ( cf., People v. Maher, 79 N.Y.2d 978).
Mangano, P.J., Rosenblatt, Pizzuto and Luciano, JJ., concur.