New York Law (NYLE) Practice Exam 2025 - Free NYLE Practice Questions and Study Guide

The surviving brother may be convicted of felony murder because the death occurred during the commission of a felony, specifically during the flight from the robbery. In New York, the felony murder rule allows for a defendant to be charged with murder if a death results from the commission or attempted commission of a felony. This rule encompasses not only the immediate actions of the crime but also any subsequent acts that are a direct result of the felony, such as fleeing the scene.

In this scenario, even though the victim was a co-participant in the robbery, the law does not shield a participant from liability for the actions that occur during the commission of a felony. The critical aspect is that the death resulted from actions taken during the course of the felony and not as a separate and unrelated incident. Therefore, the surviving brother remains culpable for the felony murder, as the law holds all participants in a felony accountable for foreseeable consequences, including deaths, that arise from that felony.

The other choices each contain elements that may seem convincing, but they fail to consider the broader applications of felony murder. For instance, while the fact that the killing was accidental may seem to mitigate responsibility, felony murder statutes do not require intent to kill; rather, they focus on the underlying felony and