Opinion
June 24, 1991
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by providing that the terms of imprisonment imposed on the convictions of murder in the second degree shall run concurrently with each other and with the other terms of imprisonment; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly denied her request to charge the jury on the affirmative defense to felony murder under Penal Law § 125.25 (3). The record demonstrates that the defendant knew that her companions were armed with weapons and intended to commit a robbery of a store. Accordingly, the requirements of Penal Law § 125.25 (3) (c) and (d) were not met (see, People v DiNicolantonio, 74 N.Y.2d 856; People v Pagan, 130 A.D.2d 687; People v Pearson, 118 A.D.2d 737).
However, under the circumstances, the sentence imposed was excessive to the extent indicated. Kooper, J.P., Sullivan, Lawrence and Rosenblatt, JJ., concur.