Legal Opinion
People v. Marro
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 1996PublishedCited by 8 opinions
1Opinion of the Court
*797The defendant was convicted, inter alia, of both intentional murder (Penal Law § 125.25 [1]) and felony murder (Penal Law § 125.25 [3]). Here, burglary constituted the underlying felony for the felony murder count, and is thus a material element of that offense. As for the intentional murder count, we note that the acts producing the physical injury and death of the victim were the same for the burglary as they were for the intentional murder. Accordingly, the sentences for the intentional murder conviction, the felony murder conviction, and the burglary conviction must run concurrently (see,…
2Cases cited5 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. GermanAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1991
- People v. RamirezAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by8 opinions
- People v. LeoAppellate Division of the Supreme Court of the State of New York · 1998
- People v. CapehartAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BenitezAppellate Division of the Supreme Court of the State of New York · 2001
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 1999
- People v. RomanAppellate Division of the Supreme Court of the State of New York · 2001
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