People v. Rivera

Supreme Court, New York County (Murray Mogel, J., at trial and sentence), rendered December 3, 1987, convicting defendant, after a jury trial, of murder in the second degree (felony murder) and sentencing him to an indeterminate term of imprisonment of from 25 years to life, unanimously affirmed.

While fleeing from an attempted robbery, defendant stabbed the intended victim’s friend who came to his aid. The evidence *256sufficiently established the underlying felony of attempted robbery to support the felony murder conviction. The testimony established that when defendant held the knife to the…