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PEOPLE v. FELDER

8 Misc.3d 528 (2005)

794 N.Y.S.2d 619

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. GREGORY FELDER, BEN KELLEY and ANTHONY RYANS, Defendants.

County Court, Suffolk County.

February 17, 2005.

Attorney(s) appearing for the Case

Eric Naiburg, Central Islip, for Gregory Felder, defendant.

John H. LoTurco, Huntington, for Ben Kelley, defendant.

Glenn Obedin, Central Islip, for Anthony Ryans, defendant.

Thomas J. Spota, District Attorney, Riverhead (Denise Merrifield of counsel), for plaintiff.

OPINION OF THE COURT

C. RANDALL HINRICHS, J.

The instant indictment charges all three codefendants with murder in the second degree, in violation of Penal Law § 125.25 (3) under a felony murder theory of causing the death of a nonparticipant during the course of or immediate flight from a robbery. In addition, Anthony Ryans is also charged alone with a single count of murder in the first degree, in violation...

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