Opinion
June 10, 1985
Appeal from the Supreme Court, Queens County (Lakritz, J.).
Judgment modified, as a matter of discretion in the interest of justice, by reducing the minimum term of imprisonment of the sentence imposed upon defendant's conviction of murder in the second degree from 20 to 15 years. As so modified, judgment affirmed.
There was ample external evidence that a homicide did occur to corroborate the defendant's statement which was used to prove his guilt of the crime of murder in the second degree under Penal Law § 125.25 (3) (felony murder). CPL 60.50 does not require corroboration of the confession to the underlying felony as well ( People v. Davis, 46 N.Y.2d 780; People v. Murray, 40 N.Y.2d 327, cert denied 430 U.S. 948). While we find sufficient evidence to support the jury's verdict, we find that the sentence imposed on the murder in the second degree count was excessive to the extent indicated ( People v. Suitte, 90 A.D.2d 80; People v. Notey, 72 A.D.2d 279, 283). Mollen, P.J., Rubin, Lawrence and Kunzeman, JJ., concur.