PEOPLE v. RIVERA (2008)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Luis A. RIVERA, Defendant-Appellant.

Decided: January 24, 2008

TOM, J.P., SAXE, FRIEDMAN, BUCKLEY, JJ.

The Legal Aid Society, New York (Steven Banks of counsel), and Davis Polk & Wardwell, New York (William Miller of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Ilene M. Kalter of counsel), for respondent.

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered April 20, 2006, convicting defendant, after a jury trial, of endangering the welfare of a child, and sentencing him to a term of 1 year, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). Defendant asserts that his intoxication negated the “knowingly” element of the crime. However, defendant did not raise an intoxication defense at trial, and no such instruction was requested by defendant or delivered by the court (see e.g. People v. Sanchez, 244 A.D.2d 284, 664 N.Y.S.2d 447 [1997], lv. denied 91 N.Y.2d 897, 669 N.Y.S.2d 11, 691 N.E.2d 1037 [1998] ). In any event, nothing in the record suggests that the influence of alcohol prevented defendant from acting “knowingly.”

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