People v. Rodriguez, 95 N.Y.2d 369 (2000)

When an offense is considered a ‘lesser included offense’ of another, the impossibility test refers to whether it is theoretically impossible to commit the greater crime without, by the same conduct, committing the lesser.

Summary

These consolidated cases, People v. Rodriguez and People v. Miller, address the definition of a ‘lesser included offense’ in the context of first and second-degree murder convictions under New York law. The Court of Appeals determined whether second-degree murder counts should be dismissed as inclusory concurrent counts of first-degree murder. The Court clarified that the ‘impossibility’ test is met when it is theoretically impossible to commit the greater crime without also committing the lesser. The Court ultimately held that, under the specific structure of New York’s intentional felony murder statute, felony murder is indeed a lesser-included offense of intentional felony murder, thus requiring dismissal of the second-degree murder counts in both cases. The Court affirmed in Rodriguez and modified and affirmed in Miller.

Facts

In Rodriguez, the defendant allegedly killed the victim because of a grudge. He broke into her apartment and stabbed her to death.

In Miller, the defendant accosted a man and woman, demanded drugs and jewelry, and then shot the man in the head, killing him.

Procedural History

Both Rodriguez and Miller were convicted of first-degree murder and two counts of second-degree murder. The Appellate Division in Rodriguez modified the judgment by dismissing the second-degree murder counts. The Appellate Division affirmed in Miller. Both cases reached the Court of Appeals, which affirmed the Appellate Division’s order in Rodriguez and modified and affirmed the order in Miller, dismissing the second-degree murder convictions.

Issue(s)

1. Whether second-degree murder counts are lesser included offenses of first-degree murder under New York law, specifically within the context of CPL 300.30(4) and the ‘impossibility’ test of CPL 1.20(37).
2. Whether it is theoretically possible to commit intentional felony murder without also committing felony murder, considering the nuances in predicate felonies between Penal Law § 125.27(1)(a)(vii) and § 125.25(3).

Holding

1. Yes, because under the structure of the intentional felony murder statute, felony murder is a lesser-included crime.
2. No, because despite technical differences in predicate felonies, intentional felony murder based on burglary or robbery includes standard felony murder based on the same underlying felonies.

Court’s Reasoning

The Court reasoned that the term “greater” in CPL 300.30(4) should not be read solely with reference to the offenses’ A-I felony classification. First-degree murder carries a potentially greater sentence (death or life without parole) than second-degree murder (15 to 25 years to life). The Court emphasized the importance of the “impossibility” doctrine outlined in CPL 1.20(37), stating, “When it is impossible to commit a particular crime without concomitantly committing, by the same conduct, another offense of lesser grade or degree, the latter is, with respect to the former, a ‘lesser included offense.’”

Analyzing the intentional felony murder statute (Penal Law § 125.27), the Court noted it begins with intentional murder as its predicate, listing aggravating factors that elevate the crime to first degree. Intentional murder