New York Court of Appeals
The People of the State of New York v. Ronald Miller
April 26, 197332 N.Y.2d 157
Summary
The Court held that the defendant's unlawful entry with intent to assault satisfied the statutory definition of burglary, making it a valid predicate felony for felony murder, and therefore reversed the Appellate Division's order, reinstated the felony‑murder conviction, and remanded for sentencing. Justice Jones, in a concurring opinion, agreed with the reversal but argued it should rest on a narrower merger‑doctrine ground.