People v. Zane
| Citation | 152 A.D.2d 976,543 N.Y.S.2d 777 |
| Parties | PEOPLE of the State of New York, Respondent, v. Clifford ZANE, Appellant. |
| Decision Date | 12 July 1989 |
| Court | New York Supreme Court — Appellate Division |
George Blair, Jr., Buffalo, for appellant.
Kevin M. Dillon by Susan Nusbaum, Buffalo, for respondent.
Before DENMAN, J.P., and BOOMER, PINE, BALIO and LAWTON, JJ.
The count of the indictment charging defendant with depraved indifference murder was not defective since it alleged the mental element in the words of the statute (see, People v. Fitzgerald, 45 N.Y.2d 574, 578, 412 N.Y.S.2d 102, 384 N.E.2d 649, rearg. denied 46 N.Y.2d 837, 414 N.Y.S.2d 1055, 386 N.E.2d 1105). Moreover, by pleading guilty, defendant waived any challenge to the sufficiency of the factual allegations in the indictment (see, People v. Cohen, 52 N.Y.2d 584, 587, 439 N.Y.S.2d 321, 421 N.E.2d 813; People v. Thompson, 132 A.D.2d 885, 518 N.Y.S.2d 449, revd on other grounds 72 N.Y.2d 410, 534 N.Y.S.2d 132, 530 N.E.2d 839, rearg denied 73 N.Y.2d 870, 537 N.Y.S.2d 489, 534 N.E.2d 327).
The court properly denied defendant's motion to dismiss the count of the indictment charging defendant with felony murder for having caused the death of a fireman in the course of and in furtherance of the crime of arson. We reject defendant's contention that the felony murder statute, insofar as it applies to the crime of arson, is unconstitutionally vague because it does not define what is meant by "in the course of and in furtherance of such crime". The statute is sufficiently definite. It is illogical to interpret the statute, as defendant contends, as meaning that the death must occur at the time of the commission of the crime; it need only be caused by the commission of the crime. We agree with the Circuit Court of Appeals that the felony murder statute, as applied to the crime of arson, is constitutional (see, Bethea v. Scully, 834 F.2d 257).
The suppression court properly denied defendant's motion to suppress the statement that he gave to the police. The finding of the suppression court that the statement was voluntarily given after defendant waived his constitutional rights is supported by the evidence.
Judgment unanimously affirmed.
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...York appellate court upheld a defendant's conviction for felony murder for having caused a fireman's death in People v. Zane, 152 App.Div.2d 976, 543 N.Y.S.2d 777, 778 (1989): We reject defendant's contention that the felony murder statute, insofar as it applies to the crime of arson, is un......
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...339, lv. denied 76 N.Y.2d 890, 561 N.Y.S.2d 553, 562 N.E.2d 878 [felony murder and depraved indifference murder]; People v. Zane, 152 A.D.2d 976, 543 N.Y.S.2d 777, lv. denied 74 N.Y.2d 900, 548 N.Y.S.2d 433, 547 N.E.2d 960 [felony murder and depraved indifference murder]; People v. Pierce, ......
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