PEOPLE v. GARCIA

ORDERED that the judgment is affirmed.

Upon the exercise of our factual review power, we are satisfied that the verdict finding the defendant guilty of murder in the second degree was not against the weight of the evidence (see, CPL 470.15[5]).

Contrary to the defendant's contention, an intoxication charge was not warranted since there was insufficient evidence of intoxication for a reasonable person to entertain a doubt as to the element of intent on that basis (see, People v. Rodriguez, 76 N.Y.2d 918, 920 ; People v. Perry, 61 N.Y.2d 849 ; People v. Giannattasio, 235 A.D.2d 548 ).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.