People v. Burris

Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered February 28, 2001, convicting him of murder in the second degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the defendant, we find that no reasonable view of the evidence warranted a jury instruction on the affirmative defense to felony murder (see Penal Law § 125.25 [3]; People v Watts, 57 NY2d 299 [1982]; People v McNeely, 222 AD2d 611 [1995]).

The defendant’s…