Your firm is representing an individual who has been charged with violating New York Penal Law § 125.25(3), Murder in the Second Degree (Felony Murder), because a customer died of a heart attack during a robbery to which your client admitted to being the getaway driver. The crime took place in Ithaca, New York and the trial is scheduled to take place in the Tomkins County Court.
You have been assigned to see if and how New York courts have interpreted the Felony Murder statute in circumstances similar to the one involving your client.
Before starting your research, the partner who assigned this project to you said “I know that the New York Court of Appeals has not decided this particular question.”
After some research, you discover that the 4th Department recently decided a case where the issue was exactly on point with your fact pattern. You also determine that the 4th Department case is still good law
Before you can write a memo to the partner explaining the 4th Department's decision and how it must be followed by the judge in Tompkins County, what is your next step?