Opinion
March 30, 1993
Appeal from the Supreme Court, New York County (Rena K. Uviller, J.).
Whether the jury determined that defendant intentionally kicked or pushed the pursuing police officer off the roof of the subject premises (amply supported by the credible evidence), or that the officer fell from the roof during his nighttime pursuit of defendant (admittedly a felon fleeing from the scene of his crimes), the elements of felony murder were clearly established (Penal Law § 125.25). The trial court's initial and supplementary jury charges regarding the elements of felony murder conveyed the appropriate legal principles (Matter of Anthony M., 63 N.Y.2d 270, 280; People v. Kibbe, 35 N.Y.2d 407, 412), and the court fulfilled its duty to provide meaningful responses to the jury's requests for clarification and amplification of the initial charges (People v. Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847).
We perceive no abuse of discretion in sentencing.
Concur — Murphy, P.J., Milonas, Ross and Asch, JJ. [ See, 150 Misc.2d 499.]