Whether the jury determined that defendant intentionally kicked or pushed the pursuing police officer off the roof of the subject premises (amply supported by the credible evidence), or that the officer fell from the roof during his nighttime pursuit of defendant (admittedly a felon fleeing from the scene of his crimes), the elements of felony murder were clearly established (Penal Law § 125.25 [3]). The trial court's initial and supplementary jury charges regarding...
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