Opinion
January 10, 1995
Appeal from the Supreme Court, Bronx County (Daniel Sullivan, J.).
Viewing the evidence in a light most favorable to the prosecution, we find that it was legally sufficient to support the defendant's conviction and that the People proved their case beyond a reasonable doubt (People v. Contes, 60 N.Y.2d 620, 621). Nor was the verdict against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490). The evidence permitted the trier of fact, in this case, the court, to conclude that although the defendant was intoxicated at the time of the incident, his drinking did not negate the intent to cause serious physical injury (People v. Scott, 111 A.D.2d 45). "[E]ven an inebriated person is capable of forming intent" (supra, at 46), and the record herein demonstrates that the defendant was rational and that his actions in stabbing the decedent were deliberate (People v. Keller, 175 A.D.2d 312, 313, lv denied 78 N.Y.2d 1128).
The sentence imposed, in light of the vicious nature of the attack, was not excessive.
Concur — Kupferman, J.P., Ross, Rubin and Williams, JJ.