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PEOPLE v. WOOD

8 N.Y.2d 48 (1960)

The People of the State of New York, Appellant, v. Terrence F. Wood, Respondent.

Court of Appeals of the State of New York.

Decided May 19, 1960.

Attorney(s) appearing for the Case

Manuel W. Levine, District Attorney (Henry P. De Vine of counsel), for appellant.

William F. Hanrahan for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER concur.

BURKE, J.

The threshold question presented by this prosecution embraces the criminal responsibility of a felon for a homicide perpetrated by someone other than himself or an accomplice during the commission of a felony. Section 1044 of the Penal Law defines murder in the first degree as follows:

"The killing of a human being, unless it is excusable or justifiable...

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