People v. Simmons

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…