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STATE v. DOWNEY2/27/1997
lcohol level would have been 0.28 percent at the time of the shooting, assuming that (1) he had not consumed any alcohol between the time of the shooting and the time his blood was drawn, (2) his blood alcohol level was decreasing at the time of the shooting, and (3) the defendant had ceased drinking prior to the shooting. We are unpersuaded.
While intoxication is not a defense, " criminal defendant's intoxication is relevant to the determination of his capacity to form a specific intent to commit a crime. . . . Intoxication, however, does not automatically negate intent. . . . It is for the jury to decide, after weighing all the evidence adduced at trial, whether a criminal defendant's intoxication rendered him incapable of forming the intent required to commit the crime
with which he is charged." (Citations omitted; internal quotation marks omitted.) State v. Traficonda, 223 Conn. 273, 279, 612 A.2d 45 (1992).
Evidence at trial established that the defendant was a heavy drinker and that he often showed up for his job as an automobile mechanic while intoxicated. Yet, he was still capable of performing his duties. Police officers' testimony also established that, while it was evident that the defendant had been drinking, he was coherent, had no difficulty describing the events that transpired that evening and appeared to understand and follow the dispatcher's and police officers' directions. His speech was not slurred, he did not have difficulty walking, and he remained alert throughout the interview at the police station. In light of this evidence, the jury reasonably concluded that his intoxication did not prevent him from forming the requisite intent to kill.
II
The defendant next claims that the trial court improperly denied his motion to suppress the statements he made to the police on the night of the shooting. We disagree.
A
The defendant first asserts that the statements should have been suppressed because they were the fruits of an unlawful seizure in violation of the federal and state constitutions. This claim was first alleged in his pretrial motion to suppress. At the time of the hearing on the motion, however, he did not pursue this claim. Instead, he argued only that the statements were involuntary and that the defendant had not validly waived his rights as required by Miranda v. Arizona, 384 U.S. 436, 86 S.
Ct. 1602, 16 L. Ed. 2d 694 (1966). The trial court never considered his Dunaway claim.
The state argues, and we agree, that this claim was unpreserved. Nevertheless, the defendant seeks review pursuant to State v. Golding, 213 Conn. 233, 240, 567 A.2d 823 (1989). In State v. Ostroski, 184 Conn. 455, 459, 440 A.2d 166 (1981), our Supreme Court recognized that our courts may consider an unpreserved Dunaway claim. See also State v. Marino, 190 Conn. 639, 655, 462 A.2d 1021 (1983).
In order to obtain review, the defendant must first show that "the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt. In the absence of any one of these conditions, the defendant's claim will fail." State v. Golding, supra, 213 Conn. 239-40.
The burden is on the defendant to provide an adequate record for review. Id. In this case, however, the defendant has failed to do so. The only evidence before the trial court was pre
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