Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 2007Published

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered September 28, 2004, convicting him of assault in the first degree and criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that his intoxication precluded him from forming the intent required to commit the crimes of which he was convicted is unpreserved for appellate review, as he did not request an intoxication charge or object when the court did not give such a charge (see CPL…

2Cases cited6 opinions

  1. People v. RodriguezNew York Court of Appeals · 1990
  2. People v. PerryNew York Court of Appeals · 1984
  3. People v. GainesNew York Court of Appeals · 1994
  4. People v. AngelAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. DorstAppellate Division of the Supreme Court of the State of New York · 1993

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