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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46935 Justice DiFiore DEFENDANT, ACCUSED of breaking into his home and murdering his wife – while a protection order required him to stay away from the home – sought dismissal of first-degree murder counts alleging intentional felony murder in furtherance of first- and second-degree burglary and second-degree murder counts based on felony murder in furtherance of two burglary crimes. In People v. Cahill, the Court of Appeals stated that first-degree murder requires that the underlying alleged felony have an objective apart from intentional murder. The court denied dismissal of the first-degree murder counts. Distinguishing Cahill, the court rejected defendant’s claim that his only intent in entering the home was to kill the victim. Noting grand jury evidence as to defendant’s knowledge and violation of the protection order, the court determined that the evidence indicated that defendant may have intended to commit more than one crime when he entered the home.

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