New York Law (NYLE) Practice Exam

A defendant who entered a store to rob it while carrying a loaded gun and caused death by accidentally shooting into the air is guilty of what?

1. Manslaughter

2. Criminally negligent homicide

3. Felony murder

4. Depraved indifference murder

The correct answer is: Felony murder

The correct answer is that the defendant is guilty of felony murder. This is grounded in the principle that if a death occurs during the commission of a felony, specifically one that is inherently dangerous such as armed robbery, the defendant can be held liable for murder, even if the death was unintentional. In this scenario, the defendant entered the store intending to commit a robbery while armed with a loaded gun. The act of bringing a gun into the commission of a felony elevates the seriousness of the crime, as the use of a deadly weapon significantly increases the potential for lethal outcomes. The accidental shooting into the air, although it did not target an individual, directly connects to the commission of the armed robbery. The law treats the consequences of the felony as foreseeable; thus, the defendant's actions lead to liability for felony murder. This principle exists to deter individuals from engaging in dangerous felonies that could harm others, emphasizing responsibility for any deaths that arise from the inherent risks of the criminal behavior. The fact that the shooting was accidental does not absolve the defendant of responsibility when a felony is being committed, especially one involving a weapon. The other options do not apply in this context due to the active participation in a dangerous felony and the resultant death linked