People v. Stokes

OPINION OF THE COURT

Chief Judge Kaye.

At issue in these related appeals is the novel question whether New York has jurisdiction to prosecute a defendant for felony murder when the homicide takes place here but the underlying felony is committed in a neighboring State. We answer that question in the affirmative.

In the early afternoon of May 18, 1990, Detective Joseph Gavin of the Greenwich, Connecticut, Police Department, on surveillance duty in an unmarked car at a local Getty Mart convenience store, saw an older model Chevrolet pull into the lot and park at the farthest point from the…