Sunday, November 17, 2013

People v. Gladman case brief

People v. Gladman case brief summary
359 N.E.2d 420 (1976)

Defendant appealed an order of the Appellate Division of the Supreme Court in the Second Judicial Department, that affirmed a judgment of the trial court convicting defendant of manslaughter in the first degree, murder, robbery in the first degree and grand larceny in the third degree.

Defendant robbed a store and while attempting to flee, shot and killed a police officer. He was charged with and convicted of manslaughter, felony murder in the first degree, robbery in the first degree and grand larceny in the third degree. Defendant appealed claiming that the shooting of the officer did not occur as part of the original crime and so should not have been considered felony murder.

The appellate court held that the homicide occurred in the immediate flight from the felony crime scene and affirmed the original ruling.

The court affirmed the lower court's decision because the killing of the police officer happened during the defendant's immediate flight from the commission of the initial felony.

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