People v. Diaz

Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), rendered October 6, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and robbery in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him of murder in the second degree (Penal Law § 125.25 [3] [felony murder]) and robbery in the first degree (§ 160.15 [4]). Contrary to defendant’s contention, County Court properly permitted, after a Ventimiglia hearing,…