People v. Malaussena

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered September 6, 2005, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The court properly denied defendant’s request for an intoxication charge, since the evidence, viewed most favorably to defendant, was insufficient to cast doubt on his homicidal intent on that basis (see People v Gaines, 83 NY2d 925, 927 [1994]; People v Rodriguez, 76 NY2d 918, 920 [1990]; People v Manning, 1 AD3d 241 [2003], lv denied 1 NY3d 630 [2004]). While…