New York Court of Appeals
The People of the State of New York v. Richard Miller, Appellant the People of the State of New York v. Christopher…
February 16, 20066 N.Y.3d 295
Summary
The Court clarified the test for determining when a lesser offense is an inclusory concurrent count, holding that first‑degree murder is a greater offense than second‑degree murder despite both being Class A‑I felonies, and that felony murder is a lesser‑included offense of intentional felony murder under the impossibility doctrine. Accordingly, it affirmed the dismissal of the second‑degree murder counts in People v. Rodriguez and vacated and remanded the second‑degree murder convictions in People v. Miller for resentencing.