PEOPLE v. BRAILSFORD


106 A.D.2d 648 (1984)

The People of the State of New York, Respondent, v. Marshall Brailsford, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 31, 1984


Judgment affirmed.

Defendant was convicted of murder in the second degree pursuant to subdivision 3 of section 125.25 of the Penal Law, commonly known as felony murder. The aforesaid section contains an exception which affords a defendant "an opportunity to fight his way out of a felony charge by persuading a jury, by way of affirmative defense, that he not only had nothing to do with the killing itself but was unarmed and had no idea that any of his confederates...

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