Judgment reversed, on the law, and new trial ordered.
Defendant was charged with the crime of murder in the second degree (felony murder). Although defendant testified at trial that he was guilty of the crime charged, his pretrial confession, which was introduced into evidence, potentially set forth the affirmative defense to felony murder contained in subdivision 3 of section 125.25 of the Penal Law. A factual question was presented for the jury's determination....
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