The People, etc., respondent, v. James Clark Brown, appellant. (2010)

Argued-April 20, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered August 9, 2007, convicting him of rape in the first degree (two counts), attempted rape in the first degree, criminal sexual assault in the first degree (two counts), and robbery in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in refusing to give an intoxication charge to the jury (see Penal Law § 15.25).   Viewing the intoxication evidence in the light most favorable to the defendant (see People v. Gaines, 83 N.Y.2d 925, 927), we find that it was insufficient to allow a reasonable person to entertain a doubt as to the element of intent (id.;   see People v. Sirico, 66 AD3d 1047;  People v. Garcia, 271 A.D.2d 695;  People v. Hernandez, 161 A.D.2d 664;  People v. Rodriguez, 155 A.D.2d 627, affd 76 N.Y.2d 918).

DILLON, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court