PEOPLE v. CAGLE

Judgment, Supreme Court, New York County, entered May 10, 1976, convicting defendant on jury verdict of murder in the second degree (Penal Law, § 125.25, subd 3), manslaughter in the first degree (Penal Law, § 125.20), and robbery in the first and second degrees (Penal Law, § 160.15, 160.10 Penal), and sentencing him thereon, is unanimously affirmed. We see no error warranting reversal. We note that this court has recently held that robbery is not a lesser included offense of the crime of felony murder committed in the course of robbery or attempted robbery. (People v. Haywood, 70 A.D.2d 788; see People v. Nichols, 230 N.Y. 221.) (Concur — Kupferman, J.P., Birns, Sullivan, Lupiano and Silverman, JJ.