Majority
p. 965The People of the State of New York, Respondent, v Francis J. Webber, Appellant.
Judgment unanimously affirmed. Memorandum: Overwhelming evidence supports defendant’s conviction for murder, second degree (felony murder — Penal Law, § 125.25, subd 3). The asserted errors in the court’s charge were not preserved for appellate review (see People v Thomas, 50 NY2d 467 , 473). (Appeal from judgment of Supreme Court, Erie County, Wolff, J. — murder, second degree.) Present — Hancock, Jr., J. P., Callahan, Doerr, Boomer and Schnepp, JJ.
Cases cited
- People v. Thomas 50 NY2d 467 at 473 p. 965