People v. Hill

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.05 [2]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]). Defendant contends that Supreme Court erred in refusing his request to charge the defense of intoxication and, on the basis of that defense, to submit third degree (reckless) assault as a lesser included offense of first and second degree (intentional) assault. Because there was insufficient “evidence of intoxication in the record for a reasonable person to…