People v. Gladman
Court of Appeals of New York
359 N.E.2d 420 (1976)
After robbing a deli at gunpoint for $145, Gladman (defendant) fled to a bowling alley parking lot less than half a mile away, and when he saw a police car and tried to hide, Patrolman Rose approached and ordered him to place his weapon on the car hood, at which point Gladman shot and killed Rose within about eight minutes of the robbery; Gladman then hijacked a car and fled before eventually being caught. He was convicted of robbery and felony murder, with the trial court treating whether the felony had terminated before the killing as a factual question for the jury, and Gladman appealed his murder conviction.
Whether the question of whether a killing occurred during the defendant's immediate flight from an underlying felony, thereby triggering felony murder liability, is a factual question for the jury to decide based on the totality of the circumstances.