Majority
p. 1087The People of the State of New York, Respondent, v Jamone West, Also Known as Jason Bradford, Also Known as Mony, Appellant. [666 NYS2d 87]
—Judgment unanimously affirmed. Memorandum: Defendant’s contention that County Court erroneously instructed the jury on the defense of justification has not been preserved for our review (see, CPL 470.05 [2]; People v McCray, 149 AD2d 736 , lv denied 74 NY2d 743 ). In any event, the justification charge as given was proper.
p. 1088
The verdict finding defendant guilty of felony murder (Penal Law § 125.25 [3]) and attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [2]) is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). Die sentence is not unduly harsh or severe. (Appeal from Judgment of Monroe County Court, Smith, J.—Murder, 2nd Degree.) Present—Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.
Cases cited
- People v. McCray 149 AD2d 736 p. 1087
- People v. Bleakley 69 NY2d 490 at 495 p. 1088