People v. Matthew A. Davis
AD4 order dated March 27, 2015, modifying judgment of conviction by reversing and dismissing the felony murder counts and otherwise affirming. Decision below: 126 AD3d 1516, 6 NYS3d 365. Lippman, Ch. J., granted leave (cross appeals) September 3, 2015.
ISSUES PRESENTED: (1) Felony murder: whether the People failed to prove that defendant “caused” the death of the victim - - who was obese and had a heart attack during the robbery. (2) Whether the trial court erred in admitting into evidence surveillance video footage tending to corroborate the accomplice’s testimony.