People v. Russo

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant was convicted, after a jury trial, of two counts of felony murder for his involvement in a robbery in which two shop employees were shot and killed by another perpetrator. The sum and substance of appellant’s only preserved appellate issue is that he was denied effective assistance of counsel because his lawyer neglected, arguably inadvertently, to make an on-the-record request for a jury instruction on the affirmative defense to felony murder (see, Penal Law § 125.25 [3]). The Appellate Division…