People v. Gladman

41 N.Y.2d 124, 359 N.E.2d 420 (1976)

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Nature of the Case

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Facts

D shot and killed Officer Richard Rose in a bowling alley parking lot. Prior to the killing D entered a delicatessen, produced a gun, and demanded money from the clerk. He got $145 in cash and checks. D left the shopping center and walked through the surrounding neighborhood, arriving at the County Line Bowling Alley. Two officers arrived at the delicatessen at 8:16 p.m., just minutes after D had left. As D walked onto the parking lot of the bowling alley, he saw a police car turn and enter the lot. He hid under a parked car. Officer Rose, walked over to D's hiding place. D got up from underneath the car with his gun concealed between his legs. D was ordered to put his weapon on the car hood. D turned and fired. D commandeered the automobile of a bowling alley patron and made good his escape. An off-duty New York City police officer used Rose's radio and a report of the shooting went over the police radio at 8:24 p.m. The bowling alley was located less than one-half mile from the robbed delicatessen. D was convicted of first-degree felony murder because the killing occurred in the immediate flight from the robbery. D appealed.