Opinion
March 12, 1991
Appeal from the Supreme Court, Bronx County (Bernard Jackson, J.).
Although we find that the evidence of intoxication was sufficient to cause a reasonable person to entertain doubt as to whether defendant had the requisite intent to commit first degree manslaughter (People v Perry, 61 N.Y.2d 849, 850), the record also suggests that defense counsel purposely refrained from requesting an intoxication charge despite his awareness of the issue. Furthermore, interest of justice reversal is not warranted since the People presented overwhelming evidence that defendant intended to seriously injure the decedent.
Concur — Carro, J.P., Wallach, Ross, Kassal and Rubin, JJ.