Opinion
October 30, 1995
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed.
The Supreme Court properly rejected the defendant's evidence of intoxication (see, People v. Jones, 27 N.Y.2d 222, 228-229; see also, People v. Brown, 24 N.Y.2d 168, 171; People v. Cheswick, 166 A.D.2d 88, 92, affd 78 N.Y.2d 1119). The evidence permitted the trier-of-fact, in this case the court, to conclude that, while the defendant may have been drinking prior to and at the time of the assault, he was not so intoxicated as to be incapable of forming an intent to cause serious physical injury (see, People v. Jones, supra; People v. Gonzalez, 211 A.D.2d 446; People v Goodman, 152 A.D.2d 705, 705-706; see also, People v. Sargent, 136 A.D.2d 869; People v. Lopez, 121 A.D.2d 472, 473).
Viewing the evidence, in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15). Bracken, J.P., Santucci, Joy and Friedmann, JJ., concur.