Fourth Department – Felony murder: People v. Giambelluca

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Felony murder — Causation

People v. Giambelluca

KA 24-00065

Appealed from Erie County Court

Background: The defendant appealed from his conviction of robbery and murder. His conviction arose from an incident in which the defendant struck the victim in the back of the head and took his wallet after exiting a bar. The victim drove home, where he was later found unconscious. He died at the hospital. The defendant argues that the evidence was insufficient for felony murder to sustain the conviction.

Ruling: The Appellate Division affirmed. The court noted surveillance video showed the victim had paid with cash at the bar and the defendant closely followed him out of the bar. The defendant admitted during a police interview that he hit the victim with a piece of wood. The weapon was found with blood, tissue, and hair on it. There was blood all over the victim’s car and apartment. The autopsy showed that he died from blunt force trauma to the head.

Shawn P. Hennessy, of The Legal Aid Bureau of Buffalo, for the defendant-appellant; April J. Orlowski, of the district attorney’s office, for the respondent.

Oral argument video