PEOPLE v. SZCZERBACKI


236 A.D.2d 840 (1997)

653 N.Y.S.2d 883

The People of the State of New York, Respondent, v. James Robert Szczerbacki, Also Known as James Bouton, Appellant

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

February 7, 1997


Judgment unanimously affirmed.

Memorandum:

There is no merit to the contention that defendant was entitled to have the Grand Jury charged with the affirmative defense to felony murder, i.e., that he "[h]ad no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury" (Penal Law § 125.25 [3] [d]). The evidence before the Grand Jury did not warrant the submission of that affirmative...

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