People v. Felder

*529OPINION OF THE COURT

C. Randall Hinkichs, J.

The instant indictment charges all three codefendants with murder in the second degree, in violation of Penal Law § 125.25 (3) under a felony murder theory of causing the death of a nonparticipant during the course of or immediate flight from a robbery. In addition, Anthony Ryans is also charged alone with a single count of murder in the first degree, in violation of Penal Law § 125.27 (1) (a) (vii) as the People allege that he actually fired the weapon which resulted in the death of a nonparticipant during the course of or immediate flight from the…