Appellate Division of the Supreme Court of the State of New York May 28, 1998 (People v. Johnson)

Mikoll, J. P.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered May 28, 1996, upon a verdict convicting defendant of the crime of murder in the second degree.

Defendant was charged in a three-count indictment with the crimes of robbery in the first degree, robbery in the second degree and murder in the second degree (felony murder).