People v. Wise

OPINION OF THE COURT

Albert M. Rosenblatt, J.

This is a motion by the defendant, Donald L. Wise, dated April 18, 1978, to dismiss the first two counts of the indictment on the ground that section 125.25 (subd 3) of the Penal Law is unconstitutional on due process grounds.

The challenge is directed at the constitutionality of the affirmative defense provision within the felony murder statute. He claims that the Legislature has denied him due process of law by enacting an affirmative defense by which he *944must, in order to avert the thrust of the felony murder statute, affirmatively demonstrate that…