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PEOPLE v. MALAVE

300 A.D.2d 412 (2002)

751 N.Y.S.2d 747

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL MALAVE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 9, 2002.

Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court erred in declining to give a charge on intoxication (see Penal Law § 15.25) is without merit, as the evidence was insufficient to conclude that a reasonable juror might find that the defendant's intent was affected by the alcohol that he consumed (see People v Gaines, 83 N.Y.2d 925; People v Rodriguez,

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