Court of Appeals of New York
359 N.E.2d 420 (1976)
Gladman (defendant) robbed a deli in a shopping center at gunpoint, and left with $145. Police arrived on the scene at 8:16 p.m. and sent a description of Gladman over police radio. Gladman made his way to the parking lot of a bowling alley located less than half a mile away, when he saw a police car and attempted to hide under a parked vehicle. Patrolman Rose got out of his car and approached Gladman, who emerged with his gun hidden between his legs. Patrolman Rose ordered Gladman to place his weapon on the hood of the car, at which point Gladman turned and shot Patrolman Rose. Patrolman Rose tried to reach his car to request backup, but collapsed and ultimately died. A fellow officer reported the shooting over police radio at 8:24 p.m. Gladman hijacked a car in the parking lot and fled, but was eventually caught. Gladman was charged with robbery and with murder pursuant to the doctrine of felony murder. At Gladman’s trial, the court treated the issue of whether the felony had terminated before the killing occurred as a question of fact to be decided by the jury. Gladman was convicted on both counts and appealed his murder conviction to the Court of Appeals of New York.
Rule of Law
Holding and Reasoning (Jasen, J.)
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