People v. William Henderson
AD3 order dated October 31, 2013, affirming judgment of conviction. Decision below: 110 AD3d 1353, 973 NYS2d 863. Smith, J., granted leave May 12, 2014. To be argued June 1, 2015.
ISSUES PRESENTED: (1) Whether a felony murder conviction can be sustained where the underlying felony is a burglary based upon the intent to commit the crime of assault or murder therein. (2) Whether there was a reasonable view of the evidence that the defendant’s actions were reckless as opposed to intentional, thus requiring the submission of the lesser included offense of second-degree manslaughter. (Assigned counsel: David M. Abbatoy, Jr., 339 East Ave., Suite 300, Rochester, NY 14606.