Ordered that the judgment is affirmed.
Contrary to the People's contention on appeal, the defendant did not waive his right to contend that he was incapable of forming the requisite intent because of intoxication by testifying that he was not intoxicated on the morning in question. The prosecution introduced sufficient evidence of intoxication for a reasonable person to entertain a doubt as to the elements of intent on that basis (see, People v Perry
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