People v. 'Abdul-Malik

Judgment unanimously affirmed. Memorandum: Whether defendant was so intoxicated as to be unable to form the requisite intent to commit murder in the second degree presented an issue of fact (see, People v Danaher, 115 AD2d 905, 906; People v Shapiro, 96 AD2d 626, 627). The jury’s resolution of this issue in the *1024People’s favor was supported by sufficient evidence and was not against the weight of the evidence.

We conclude that the trial court did not abuse its discretion in failing to conduct a hearing pursuant to CPL 730.30 (1) upon ascertaining through the presentence report that defendant…