Appellate Division of the Supreme Court of the State of New York December 18, 1995 (People v. McNeely)

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered December 16, 1993, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant challenges the trial court’s failure to instruct the jury on the affirmative defense to felony murder found in Penal Law § 125.