New York Court of Appeals
The People of the State of New York, Respondent v. David Hernandez, Appellant; the People of the State of New York…
November 16, 199382 N.Y.2d 309
Summary
The Court affirmed the felony murder convictions of Hernandez and Santana, holding that under Penal Law §125.25(3) a defendant can be liable for a homicide caused by a police officer if the defendant's conduct was a sufficiently direct and foreseeable cause of death. The term “causes the death” is given the same meaning as in the other subdivisions of the statute, and the jury instructions on causation were proper.