Appellate Division of the Supreme Court of the State of New York February 7, 1997 (People v. Szczerbacki)

—Judgment unanimously affirmed. Memorandum: There is no merit to the contention that defendant was entitled to have the Grand Jury charged with the affirmative defense to felony murder, i.e., that he "[h]ad no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury” (Penal Law § 125.25 [3] [d]).