Defendant argues that his request for an intoxication instruction (Penal Law § 15.25) should have been granted given his testimony that he may have lost control and hit the victim because he had "had a couple of drinks" and "just got ripped off', and the testimony of one of the arresting officers that defendant had glassy eyes and smelled of alcohol. We disagree. Defendant's testimony is at best equivocal, attributing the assault in part to his anger at being "ripped...
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