People v. Gladman, 41 N.Y.2d 124 (1976) p515.

Unintentional homicide

D entered a delicatessen, produced a gun and demanded money from the clerk. He was given about $145. Then he walked through the surrounding neighborhoods, eventually arriving at the County Line Bowling Alley. D saw a police car pull into the lot of the bowling alley. D then hid under a car. The police officer walked over to where D was hiding. D got up from underneath the car with his gun concealed between his legs. The officer ordered the defendant to put his weapon on the hood of the car; instead D turned and shot Patrolman Rose, fatally wounding him. The shooting occurred about 8:25pm, the robbery occurred about 8:10pm.

None mentioned

Was the jury properly permitted to conclude that the shooting of Officer Rose occurred in the immediate flight from the delicatessen robbery, thus triggering the application of the felony-murder doctrine?

Felony murder may apply to deaths that occur after the actual felony; such as during the escape of the felon.

The issue of whether the homicide was committed in immediate flight from the robbery was properly presented to the jury as a question of fact.

Under old statutes it was held that killing committed during an escape could, under some circumstances, constitute a felony murder. Does not matter why the officer decided to turn into the bowling alley parking lot. He had reason to believe the robber was still in the area and had taken steps to seal off the area. D’s response to police officer’s presence was to immediately seek a hiding place. This indicates that the D knew the police were on his trail. Evidence shows he shot the officer in order to make good his escape.

How do we judge how long a felony lasts?

Why should a felony ever end before all felons have been brought to justice?