New York Court of Appeals

The People of the State of New York, Respondent v. Donald Graves, Appellant

May 3, 199076 N.Y.2d 16

Summary

The Court reversed the felony‑murder conviction because the trial court’s jury instruction improperly merged the unlawful entry element with the intent element of burglary, an error that required reversal of the predicate burglary finding and a new trial on the murder count.