143 A.D.2d 857 | N.Y. App. Div. | 1988
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bourgeois, J), rendered February 3, 1986, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, he failed to establish by a preponderance of evidence that he had no reasonable ground to believe that his accomplice in a street robbery was armed with a deadly weapon or that his accomplice would engage in conduct likely to result in death or serious physical injury (Penal Law § 125.25 [3]; see, People v Bornholdt, 33 NY2d 75, cert denied sub nom. Victory v New York, 416 US 905). Rather, the evidence adduced at trial established that while the defendant himself did not possess a gun or commit
We have reviewed the defendant’s remaining contention and find it to be unpreserved for review (CPL 470.05 [2]) and in any event, to be without merit (see, People v Ashwal, 39 NY2d 105, 109). Mangano, J. P., Weinstein, Kooper and Balletta, JJ., concur.