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PEOPLE v. MATOS

83 N.Y.2d 509 (1994)

634 N.E.2d 157

611 N.Y.S.2d 785

The People of the State of New York, Respondent, v. Eddie Matos, Appellant.

Court of Appeals of the State of New York.

Decided February 22, 1994.

Attorney(s) appearing for the Case

Jonathan G. Hager, Philip L. Weinstein and Mary C. Rothwell, New York City, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Alan Gadlin and Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and LEVINE concur; Judge TITONE taking no part.

CIPARICK, J.

The issue to be considered in this appeal is under what circumstances a fleeing felon's actions cause another's death for purposes of Penal Law § 125.25 (3), the felony murder statute.

There was evidence at trial that, in the early morning hours of October 17, 1989, defendant, Eddie Matos, and two accomplices broke into a McDonald's restaurant on Seventh Avenue and 40th Street in Manhattan...

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