Opinion
December 18, 1995
Appeal from the Supreme Court, Kings County (Feldman, J.).
Ordered that the judgment is affirmed.
The defendant challenges the trial court's failure to instruct the jury on the affirmative defense to felony murder found in Penal Law § 125.25 (3), the court's felony murder charge, and the admission into evidence of certain portions of the defendant's statements to law enforcement authorities. The defendant has failed to preserve these claims for appellate review ( see, CPL 470.05; People v Udzinski, 146 A.D.2d 245). In any event, they are without merit.
Viewing the evidence in the light most favorable to the defendant, there is no reasonable view of the evidence that would have permitted the jury to find that the affirmative defense was established by a preponderance of the evidence ( see, People v Diaz, 177 A.D.2d 500). In addition, the court's felony murder charge, when read in its entirety, was proper ( see, People v Coleman, 70 N.Y.2d 817).
We find that the admission into evidence of the defendant's statements in their entirety was proper. Although certain portions of the defendant's statements were not probative of the crimes with which the defendant was charged, they were properly admitted into evidence since they were inextricably interwoven with the admissible parts of the statements ( see, People v Ely, 68 N.Y.2d 520, 529; People v Crandall, 67 N.Y.2d 111) and necessary to provide a complete and coherent picture of the events in question ( see, People v Lemma, 201 A.D.2d 669).
The defendant's sentence is not excessive ( see, People v Suitte, 90 A.D.2d 80). Rosenblatt, J.P., Copertino, Friedmann and Krausman, JJ., concur.