24 N.Y.3d 535 (2014)

A felony murder conviction can be based on the predicate felony of burglary where the intent at the time of entry was to commit an assault, and the death occurred during the burglary.

Summary

The New York Court of Appeals affirmed the conviction of William Henderson for felony murder. Henderson and two others broke into an apartment with the intent to assault the occupant. A fight ensued, and the occupant was stabbed and killed. The court held that Henderson’s felony murder conviction was proper because it was predicated on the burglary, even though the underlying intent was to commit an assault. The court distinguished this from cases where the intent was solely to kill, emphasizing that the Legislature intended to treat burglaries differently because of the increased danger to those inside.

Facts

William Henderson, along with two other men, broke into an apartment. They were looking for individuals who they believed had robbed them. After kicking down the door, they found the victim and his girlfriend in an upstairs bedroom. Henderson demanded to know the whereabouts of the individuals he was seeking, and a fight ensued. During the fight, Henderson punched the victim, and the girlfriend hit Henderson with a bottle. Henderson then retrieved a knife and returned to the apartment, stabbing the victim in the back, who later died from the wound. Henderson fled the scene and was later apprehended. Henderson admitted to breaking into the victim’s apartment and fighting him but claimed he didn’t intend to kill him.

Procedural History

Henderson was indicted on multiple counts, including felony murder. He was initially convicted, but the Appellate Division reversed the judgment due to a juror issue. A second trial resulted in a felony murder conviction, which was affirmed by the Appellate Division. The New York Court of Appeals then granted leave to appeal and subsequently affirmed the Appellate Division’s decision.

Issue(s)

1. Whether the evidence was legally sufficient to support Henderson’s conviction for felony murder, given the predicate felony of burglary.

Holding

1. Yes, because the evidence demonstrated that Henderson unlawfully entered the apartment with the intent to commit an assault, and the victim’s death occurred during the course of that burglary.

Court’s Reasoning

The Court of Appeals referenced Penal Law § 125.25(3), which defines felony murder. The court stated that to establish burglary, it must be shown that the defendant “knowingly enters or remains unlawfully in a building with intent to commit a crime therein.” The court found that even though the underlying intent of the burglary was to commit assault, a felony murder conviction was still proper, relying on its precedent in People v. Miller. The Court noted that the legislature, by including burglary as a predicate felony without qualification, intended to treat burglary differently because of the increased peril to those inside a dwelling. The court also determined the