Judgment unanimously affirmed. Memorandum: Whether defendant was so intoxicated as to be unable to form the requisite intent to commit murder in the second degree presented an issue of fact (see, People v Danaher,
We conclude that the trial court did not abuse its discretion in failing to conduct a hearing pursuant to CPL 730.30 (1) upon ascertaining through the presentence report that defendant had been hospitalized and diagnosed as having had a mental illness more than 20 years before the incident which resulted in the present charges against him (see, CPL 730.30; People v Palmer,
