People v. Irby

I am compelled to dissent and vote for affirmance of the order of the Appellate Division sustaining defendant’s conviction of the crime of felony murder.

On October 4, 1975 the defendant and her paramour, John MacKenzie, went to Thelma J’s Boutique in West Hempstead where they talked with Mrs. Mait, the owner. While the defendant went through the process of trying on several dresses, none of which were purchased, MacKenzie sought directions for the bathroom which was located to the rear of the store and which he carefully surveyed for the purpose of accomplishing the upcoming burglary. Three…