From Casetext: Smarter Legal Research

People v. Sturgis

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1982
86 A.D.2d 775 (N.Y. App. Div. 1982)

Summary

In People v. Sturgis, 86 A.D.2d 775, 448 N.Y.S.2d 61 (4th Dep't 1982), the court held that "the felony murder statute is not unconstitutional in that the doctrine of implied intent creates a mandatory presumption."

Summary of this case from Rosenberg v. Henderson

Opinion

January 29, 1982

Appeal from the Supreme Court, Monroe County, Boehm, J.

Present — Dillon, P.J., Simons, Hancock, Jr., Moule and Schnepp, JJ.


Judgment unanimously reversed, motion to suppress granted and new trial granted. Memorandum: Defendant has been convicted after trial of two counts of felony murder, one count of burglary, third degree, one count of grand larceny, third degree and one count of petit larceny. The charges arise out of an incident during which defendant and another entered an unoccupied motel room and removed a television set and luggage. As they were leaving the parking lot in an automobile, a policeman saw them, became suspicious and followed them. A high speed chase ensued which ended approximately one-quarter mile from the motel when defendant's automobile struck a vehicle entering from a side street and killed the two occupants. Applying standards recently enunciated by the Court of Appeals, the judgment must be reversed and the motion to suppress defendant's postarrest statements granted because they were the result of interrogation taking place after criminal proceedings had commenced and after defendant's right to counsel had attached (see People v. Pepper, 53 N.Y.2d 213; People v. Samuels, 49 N.Y.2d 218) and because the statements were taken from defendant at a time when the arresting officer knew defendant was represented by counsel (see People v Bartolomeo, 53 N.Y.2d 225). Since there must be a new trial, we note briefly that the court did not err in refusing to charge down from felony murder to manslaughter, second degree or criminally negligent homicide (see People v. Schleiman, 197 N.Y. 383, 390; People v. Pierce, 51 A.D.2d 634, 635), and that the felony murder statute is not unconstitutional in that the doctrine of implied intent creates a mandatory presumption (see Westberry v. Mullaney, 406 F. Supp. 407, 415, affd sub nom. Westberry v. Murphy, 535 F.2d 1333, cert den sub nom. Westberry v Oliver, 429 U.S. 889; Guam v. Root, 524 F.2d 195, 197-198, cert den 423 U.S. 1076; and see, also, People v. Fonseca, 36 N.Y.2d 133, 136-137 [dealing with felony assault]).


Summaries of

People v. Sturgis

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1982
86 A.D.2d 775 (N.Y. App. Div. 1982)

In People v. Sturgis, 86 A.D.2d 775, 448 N.Y.S.2d 61 (4th Dep't 1982), the court held that "the felony murder statute is not unconstitutional in that the doctrine of implied intent creates a mandatory presumption."

Summary of this case from Rosenberg v. Henderson
Case details for

People v. Sturgis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOLPH STURGIS, JR.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 29, 1982

Citations

86 A.D.2d 775 (N.Y. App. Div. 1982)

Citing Cases

Rosenberg v. Henderson

Putting aside petitioner's misdirected focus on Enmund and Tison, the New York felony murder statute is not…

People v. Sturgis

Judgment unanimously affirmed. Memorandum: Defendant was convicted of two counts of felony murder, one count…