Affirmed.
We agree with the learned Trial Justice that a conviction of felony murder, under the particular facts and circumstances of this case, should not be permitted to stand. Assault is not one of the specified felonies forming a basis for felony murder (Penal Law, § 125.25, subd. 3); and the evidence adduced on the trial should "not be warped or strained" to find another independent felony in order to sustain this conviction. (Cf. People v. Moran...
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