PEOPLE v. CHARLES

Judgment affirmed.

Despite evidence that defendant had consumed quantities of alcohol prior to the commission of the crimes charged, the jury nevertheless found that defendant was capable of entertaining the requisite intent to commit the crime of attempted murder in the second degree. We see no basis in this record for disturbing the jury's verdict (see, People v Shapiro, 96 A.D.2d 626; People v Orr, 43 A.D.2d 836, affd 35 N.Y.2d 829).

We further find that the remarks and comments made by the prosecutor during the course of summation were not so prejudicial as to warrant a new trial (see, People v Gilmore, 106 A.D.2d 399). Mollen, P.J., Thompson, Bracken and O'Connor, JJ., concur.