After he was convicted by the New York County Supreme Court of endangering the welfare of a child, and sentenced to a year in prison, Luis Rivera appealed to the Appellate Division, First Department.
While Rivera claimed that his state of intoxication negated the "knowingly" element of the crime, he apparently failed to raise that defense at the time of trial.
And since nothing in the record suggested that he was "under the influence" at the time of the incident, the AD1 was of the opinion that the lower court's verdict was consistent with the evidence.
We're betting Rivera was drunk with sorrow after that decision.
To download a copy of the Appellate Division's decision, please use this link: People v. Rivera