Lawyer here (but dont tell anyone.
Depending on what he thought the plans were, regardless of whehter it was preplanned murder or to go score some drugs, he could have been convicted for 1st degree murder - i.e., felony murder. Unless he got out of the car and went to the police, he at least aided and abetted and/or accomplice after-the-fact by driving away. Thus, anyone in the car can be charged with the 1st degree.
I tell everyone the reason I sat for the NY bar exam was so I could one day be a Mob lawyer - especially since many are now joining their former clients in prison.
"Goodfellas don't sue goodfellas. . . . Goodfellas kill goodfellas." ~ Salvatore Profaci in bugged NJ mob lawyer Sal Avena's office
“This was the Volkswagen of racketeering charges” ~ Def. Attorney Ed Jacobs, Jr.
"Meanwhile, I got the uncle who wants me out of the way.... Great family, aren't they? This is what it's all about." ~Louis "Bent-Finger Louie" Monacello
"It was a wholesale annihilation.... How many times do they want to be beat? Because I'm frankly getting tired of it. They went fishing for Joe Ligambi, and the jury gave them Gary Battaglini.” ~ Def Atty Christopher Warren
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