Ny Mini Review - Criminal Law

Front 1

Homicide in NY

Back 1

first degree murder
second degree murder
first degree manslaughter
second degree manslaughter

Front 2

Homicide in NY

Murder in the First Degree

Back 2

Under the NY Penal Law, a person is guilty of Murder in the 1st degree, if with the intention to murder, causes the death of that person or a third party AND (add relevant special circumstance.)

1. Intentional Murder With
2. 1 of 13 special circumstances (we focus on 3)

-- victim is a police officer, who at the time of the killing, was engaged in the performance of his duties, and the defendant knew or should have known that he was a cop

-- the defendant committed murder for hire, "he procures the commission or commits the killing, pursuant to an agreement for anything of pecuniary value." ($$, car, property - NOT sex)

-- the Defendant Himself Intentionally killed the victim during the course of certain felonies. (BARRK)
B - burglary
A - Arson
R - Rape
R - Robbery
K - Kidnapping

Front 3

Homicide in NY

Knocking Murder in the First Degree Down to Manslaughter

Back 3

1. Voluntary Intoxication = Manslaughter in the Second Degree. "Under NY Penal Law, a Defendant may introduce evidence of his voluntary intoxication, to show he did not have the requisite intent."
2. Extreme Emotional Disturbance = Manslaughter in the First Degree
3. Assisting Suicide = Manslaughter in the Second Degree

Front 4

Homicide in NY

Murder in the Second Degree

Back 4

1. Intentional Murder Without Special Circumstances

2. Felony Murder - "under NY penal law, a person is guilty of Felony Murder, when he or another participant causes (intent not required) the death of a non-participant during the commission or attempted commission of a numerated Felony (BARRK), or in the immediate flea there from."

-- accomplice defense: A. he did not commit or aid in the homicide. B. he was not armed with a deadly weapon. C. He had no reason to know that any other participant had such a weapon. D. he had no reason to believe that any other participant intended to engage in conduct likely to cause a death or serious injury.

(MBE - if you're not guilty of underlying felony, not guilty of felony murder. NY - YOU CAN BE guilty of felony murder, if you give evidence that D attempted to commit Felony.)

3. Depraved Indifference to Human Life - "recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person."

Front 5

Homicide in NY

Knocking Murder in the Second Degree Down to Manslaughter

Back 5

1. Extreme Emotional Disturbance - (affirmative defense, must be proved with preponderance of the evidence.) acted under EED for which their is reasonable explanation. when proved, can only be convicted of Manslaughter in the First Degree. (tested - wife/lover)

2. Intent to cause serious bodily harm that results in death - "if with intent to cause serious physical injury, he causes the death of that person, or another person." (tested - swings bat at legs, guy ducks, dies..)

3. Recklessly causes the death of another person, a person acts recklessly when, he is aware of, and consciously disregards a substantial and unjustifiable risk that the outcome will occur.

4. Voluntary Intoxication - Can't be convicted of Murder in the First, or Intentional Murder 2, but CAN be convicted of Felony Murder and Depraved Indifference (they're malice crimes.)