People State New York v. Edward T. Gladman

[41 N.Y.2d 123 Page 124] On this appeal, defendant argues that his shooting of a police officer did not occur, as a matter of law, in immediate flight from a robbery and that, therefore, his conviction for felony murder should be set aside. We hold that, under the circumstances presented, the issue of whether the homicide was committed in immediate flight from the robbery was properly presented to the jury as a question of fact. The order of the Appellate Division, therefore, should be affirmed.