People v. Szczerbacki

—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 defense (see, People v Norwood, 217 AD2d 711, 712).

We reject the contention of defendant that the court erred in denying his motion…