People v Rivera

People v Rivera 2008 NY Slip Op 00416 [47 AD3d 515] January 24, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 12, 2008

The People of the State of New York, Respondent,
v
Luis A. Rivera, Appellant.

—[*1] The Legal Aid Society, New York City (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 one year, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [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 AD2d 284 [1997], lv denied 91 NY2d 897 [1998]). In any event, nothing in the record suggests that the influence of alcohol prevented defendant from acting "knowingly." Concur—Tom, J.P., Saxe, Friedman and Buckley, JJ.