Opinion
April 13, 1987
Appeal from the Supreme Court, Westchester County (Beisner, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, based upon the evidence adduced at trial, we conclude that the defendant's guilt of unauthorized use of a motor vehicle in the second degree was established beyond a reasonable doubt.
We note that while the jury found that the defendant was also driving while intoxicated, this does not preclude a finding that the defendant had the intent to commit the crime of which he was convicted, since intoxication is not a defense but merely a factor to be considered by the jury (see, e.g., People v Charles, 114 A.D.2d 466; People v Westergard, 113 A.D.2d 640, affd 69 N.Y.2d 642). In the case at bar, the evidence clearly indicates that the defendant had the requisite intent to commit the crime, despite his intoxication, and the conviction was, therefore, proper. Mollen, P.J., Mangano, Eiber and Sullivan, JJ., concur.