People v. Rivers

—Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered May 28, 1997, convicting defendant, after a jury trial, of attempted assault in the second degree, and sentencing him to a term of lVs to 4 years, unanimously affirmed.

The court properly refused defendant’s request for a charge on the defense of intoxication. The evidence of intoxication, although properly admitted as relevant to certain counts of which defendant was acquitted, did not rise to the level required for an intoxication charge (see, People v Gaines, 83 NY2d 925, 927; People v Rodriguez, 76 NY2d 918, 920-921;…