People v. Sepulveda

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 21, 1972, convicting him of felony murder, upon a jury verdict, and sentencing him to a prison term of 25 years to life. Judgment reversed, on the law and as a matter of discretion in the interest justice, and new trial granted. Subdivision 3 of section 125.25 of the Penal Law, under which defendant was convicted, states that a person is guilty of murder when he commits “ arson * * * and, in the course of * * * such crime * * * causes the death of a person ”. The People’s ease rested heavily on the…