Opinion
August 13, 1987
Appeal from the Supreme Court, Bronx County (Joan C. Sudolnik, J.).
Defendant was tried and convicted for his role as an accomplice to an armed robbery in which the victim was killed by the codefendant. The trial evidence revealed that defendant's role in this crime was as a lookout. Under the felony murder doctrine, defendant was convicted of murder in the second degree. Due to the nature of the defendant's participation in this crime and his minor prior criminal record, a sentence of 20 years to life was excessive. Accordingly, we reduce defendant's sentence to a term of imprisonment of from 15 years to life.
We have examined defendant's other points raised on appeal and find them to be without merit.
Concur — Kupferman, J.P., Carro, Kassal, Ellerin and Smith, JJ.