People v. Comella

The central issue in this case is whether, under the felony-murder statute,1 when the predicate felony is abuse of a vulnerable adult, the prosecution must prove that a defendant committed both first- and second-degree vulnerable-adult abuse.2 We hold that the prosecution must only show either offense, not both.

Defendant’s wife, Ella, died on October 11, 2009. On a number of occasions before her death she needed medical attention for a variety of injuries. On July 31, she was admitted to the Metropolitan Hospital inten*646sive care unit for a fractured hip, hemorrhagic shock, and acute renal…