PEOPLE v. MILLER


32 N.Y.2d 157 (1973)

The People of the State of New York, Appellant, v. Ronald Miller, Respondent.

Court of Appeals of the State of New York.

Decided April 26, 1973.


Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Jonathan Lovett, Michael R. Juviler and Bennett L. Gershman of counsel), for appellant.

Freda S. Nisnewitz, William E. Hellerstein and Robert Kasanof for respondent.

Chief Judge FULD and Judges BURKE and WACHTLER concur with Judge JASEN; Judge JONES concurs in a separate opinion in which Judge GABRIELLI concurs; Judge BREITEL taking no part.


JASEN, J.

The issue presented upon this appeal is whether a burglary based upon the crime of assault can properly serve as the predicate for a felony-murder conviction.

On the morning of October 25, 1970, the defendant knocked on the door of an apartment directly below his own apartment. When Robert Fennell, one of the occupants, opened the door, the defendant, armed with a butcher knife and a spray can...

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