People v. Flores

476 N.Y.S.2d 478 (1984)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D and his accomplice were observed leaving the scene of a robbery in a red Dodge van. Officer Pagano received this information while on patrol with Sergeant Eric Halbekath and shortly thereafter observed a van fitting this description heading toward the southbound entrance ramp of Interstate 95. The van failed to pull over, entered the highway and a high-speed chase ensued with speeds approaching 90 miles per hour or more. Two witnesses also observed a portion of the chase. Each observed the vehicles pass out of sight because of their speed and the fact that the interstate gradually began to curve to the right. At a point within the curve, just inside The Bronx, the witnesses observed a large cloud of dust rise up. It took upwards of 10 seconds and 1/4 to 1/2 mile when the witnesses came upon the accident involving the police car and an abandoned truck illegally parked on the right-hand shoulder of the roadway. Pagano was killed and Sergeant Halbekath was seriously injured. There is no proof of any physical interaction between the fleeing van and the police car in the 10 seconds immediately prior to the accident. No witness saw the crash and there is no evidence of any contact between these vehicles. D argues that P has failed to establish legally sufficient proof that D in any way caused the tragic death of Police Officer Pagano and serious physical injury to Sergeant Eric Halbekath. P seeks to expand the scope of the felony murder statute and hold D liable for the death and serious injury of the police officers simply because they were pursuing D in his immediate and evasive flight from a robbery. P seeks to eliminate the material element of causation.