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PEOPLE v. WILLIAMS

56 A.D.3d 699 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMETRIUS WILLIAMS, Appellant.

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

November 18, 2008.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the defendant, there is no reasonable view of the evidence that would have permitted the jury to find that the affirmative defense to the charge of felony murder (see Penal Law § 125.25 [3]) was established by a preponderance of the evidence (see People v Dillon, 30 A.D.3d 1135, 1136 [2006]; People v McNeely,

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