PEOPLE v. MANNARINO


35 A.D.3d 631 (2006)

829 N.Y.S.2d 122

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MANNARINO, Appellant.

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

Decided December 12, 2006.


Ordered that the judgment is affirmed.

The defendant contends that the prosecution failed to prove his guilt by legally sufficient evidence because his intoxication rendered him incapable of forming the requisite criminal intent (see Penal Law § 15.25). Initially, we note that this argument is unpreserved for appellate review because the defendant did not raise this claim with specificity in his motion for a trial order of dismissal (see CPL 470...

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