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.