The felony murder rule has never been what you thought.

https://en.wikipedia.org/wiki/Felony_murder_rule

Bold is mine for emphasis.

The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills (regardless of accidentally or without specific intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), he/she is guilty of murder. Second, it makes any participant in such an offence criminally liable for any deaths that occur during or in furtherance of that offence. In short, deaths that occur in the commission of a dangerous offence or enumerated offence (enumerated = stated in statute, e.g. rape, etc.) is murder.

“Felony murder is a stupid concept anyway. ”

Agreed.

“We already have manslaughter for those cases where a death wasn’t intended but was caused by the defendant. ”

Felony murder is for cases where the death wasn’t caused by the defendant.

You and a partner rob a bank, A bank guard shoots your partner. Congratulations, under the felony murder rule you are guilty of murdering your partner.

The New York felony murder law only applies to certain felonies, and while a DUI may in some cases by a felony, it’s not on the list of felony murder felonies.

Felony murder is a stupid concept anyway. We already have manslaughter for those cases where a death wasn’t intended but was caused by the defendant. And the manslaughter law is already stretched to the point where it may or may not cover THIS case. Felony murder allows it to be stretched even farther than that.

but the felony murder rule only applies when a death occurs while the felony is in progress. Once the accident was over and all the involved cars had come to a complete stop, the DUI was over and there was no felony in progress at the point where the officer was hit be another driver not involved in the original accident.