People v. Henderson

William Henderson (defendant) and two men broke into an apartment looking for people they thought robbed them of drugs and money. Henderson broke down the door to the apartment. A couple was in the bedroom upstairs. Henderson demanded to know the whereabouts of the suspected thieves. The male victim told Henderson to leave, called him a racial slur, and threw a bottle at him. Henderson punched the victim in the face. A fistfight ensued. The victim’s girlfriend hit Henderson over the head with a bottle. Fearing the police were coming, the burglars left, returning to their associate’s nearby apartment. Henderson appeared upset, grabbed a kitchen knife, and told his associate he was “going to kill him,” presumably meaning the victim. Henderson testified that he did not intend to kill the victim, just hurt him for hitting him with the bottle. Henderson returned to the victim’s apartment, broke a bottle over the victim’s head, and fatally stabbed him in the back. Henderson was indicted for second-degree murder (intentional murder), second-degree murder (felony murder), second-degree assault (intentional assault), second-degree assault (felony assault), first-degree burglary, second-degree burglary (burglary resulting in physical injury), and second-degree burglary (burglarizing a dwelling). Henderson had one trial in which the court erred by dismissing a sworn juror. Henderson was subsequently indicted for first-degree manslaughter. At the second trial, Henderson was convicted of felony murder, first-degree manslaughter, first-degree burglary, two counts of second-degree burglary, and second-degree assault. The appellate court found that Henderson’s intention to commit an assault was sufficient evidence to base felony murder on burglary as the predicate felony. The New York Court of Appeals granted Henderson’s leave to appeal.