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PEOPLE v. STOKES

88 N.Y.2d 618 (1996)

671 N.E.2d 1260

648 N.Y.S.2d 863

The People of the State of New York, Respondent, v. John Stokes, Appellant. The People of the State of New York, Respondent, v. Orlando Nieves, Appellant.

Court of Appeals of the State of New York.

Decided October 10, 1996.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany (Thomas F. Gleason of counsel), for appellant in the first above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Stanley R. Kaplan, Joseph N. Ferdenzi and Billie Manning of counsel), for respondent in the first above-entitled action.

Michael Eisenstein, Pomona, for appellant in the second above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Stanley R. Kaplan, Joseph N. Ferdenzi and Billie Manning of counsel), for respondent in the second above-entitled action.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

At issue in these related appeals is the novel question whether New York has jurisdiction to prosecute a defendant for felony murder when the homicide takes place here but the underlying felony is committed in a neighboring State. We answer that question in the affirmative.

In the early afternoon of May 18, 1990, Detective Joseph Gavin of the Greenwich, Connecticut, Police Department...

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