PEOPLE v. MARTINEZ


18 A.D.3d 343 (2005)

795 N.Y.S.2d 230

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR MARTINEZ, Appellant.

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

May 24, 2005.


Defendant's challenge to the court's intoxication charge is unpreserved and we decline to review it in the interest of justice. Although there was a brief precharge colloquy concerning the relationship between intent and lack of memory, defendant's remarks were insufficiently specific to preserve the issue he raises on appeal, and the court never ruled on that issue (see People v Whalen, 59 N.Y.2d 273, 280 [1983]). Were we to review...

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