General Discussion

Mountainguy

(1,021 posts)

43. 2nd degree is premeditated murder in NY

Wed Dec 11, 2024, 12:08 AM

Dec 11

1st degree is premeditated murder with one or more outlined escalators.

Murder of a
Police Officer
Peace Office
Firefighter
EMT
Paramedic
Corrections Officer

in the line of their duty.

Takes place in a state corrections institution

Is a murder for hire

Is committed while in commission of another specific felony (burglary, kidnapping, etc)

Might be a few more thing in there but that's the gist.

This is clearly 2nd degree murder under NY law.

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

46 replies

= new reply since forum marked as read

Highlight:

2nd degree murder? [View all] spanone Dec 10 OP

Oh, yeah. 2nd degree. bucolic_frolic Dec 10 #1

Must be. spanone Dec 10 #3

Must not be. One could try reading the law before making assumptions. onenote Dec 10 #22

The Ivy League teaches research skills Renew Deal Dec 11 #45

NYS Penal Code: no_hypocrisy Dec 10 #2

Crazy. Thanks. spanone Dec 10 #4

This message was self-deleted by its author spanone Dec 10 #5

Statute says differently dpibel Dec 10 #10

Wild. Does that mean that Rex Heuermann Mike 03 Dec 10 #12

That's felony murder dpibel Dec 10 #14

Not 'only' murders of police. Why do people post inaccurate/incomplete information? onenote Dec 10 #18

First-degree murder is the most severe homicide crime and is always premeditated and carried out with intent. elleng Dec 10 #6

New York has its own degrees with this stuff Sympthsical Dec 10 #7

Yes, that's where I found this. elleng Dec 10 #9

More detail regarding first degree murder under New York law. onenote Dec 10 #21

It appears this was premeditated and had intent, but as others pointed out, it's New York law. spanone Dec 10 #8

So could a jury find him not guilty because he DID clearly premeditate, but it doesn't match the charge? Hellbound Hellhound Dec 10 #20

Both first degree and second degree murder in New York require a showing of intent. So no. onenote Dec 10 #23

Damn. Thank you for the clarification. Nt Hellbound Hellhound Dec 10 #24

This is the normal process in most states. Ocelot II Dec 10 #11

15 to life DeepWinter Dec 10 #13

What are the chances that jury nullification might come into play in this case? rollin74 Dec 10 #15

It's possible with a venue change TheProle Dec 10 #17

we haven't even seen jury nullification with trump's numerous ecstatic Dec 11 #44

What the ForgedCrank Dec 10 #16

What is going on is that NY distinguishes between murder with aggravating factors and other intentional murders onenote Dec 10 #19

See that ForgedCrank Dec 10 #29

So did you read the definition of terrorism in 490.05, paragraph b of subdivision 1? Or the language preceding "b"? onenote Dec 10 #30

I see ForgedCrank Dec 10 #33

You can see it. The expert prosecutors don't. onenote Dec 10 #34

I'm not ForgedCrank Dec 10 #35

Luigi Mangione indicted on first-degree murder charge ForgedCrank Dec 18 #46

Well, what you see is not what the law is dpibel Dec 10 #37

Funny thing ForgedCrank Dec 10 #38

You seem a little sensitive dpibel Dec 10 #39

Not really, ForgedCrank Dec 10 #40

What, exactly, is passive-aggressive about citing a statute? dpibel Dec 10 #41

How dare you counter feelings with evidence! Iggo Dec 11 #42

"That city"? dpibel Dec 10 #36

In NY State law you must prove intent to commit a murder. They can go with 2nd degree murder and they Jacson6 Dec 10 #25

Sure seems like 1st degree. I mean with the careful planning and all... brush Dec 10 #26

First degree is specifically in NY law. onenote Dec 10 #31

Here in California, "lying in wait" is a special circumstance. Iggo Dec 10 #27

Theiy know he killed the guy Trenzalore Dec 10 #28

Second degree murder and first degree murder are both "intent" crimes. onenote Dec 10 #32

2nd degree is premeditated murder in NY Mountainguy Dec 11 #43