A person is guilty of aggravated manslaughter in the first degree when: 
  1. with intent to cause serious physical injury to a police officer or 
peace officer, where such officer was in the course of performing his or 
her  official  duties  and  the defendant knew or reasonably should have 
known  that  such  victim was a police officer or a peace officer, he or 
she  causes the death of such officer or another police officer or peace 
officer; or 
  2. with  intent  to cause the death of a police officer or peace offi- 
cer, where such officer was in the course of performing his or her offi- 
cial  duties and the defendant knew or reasonably should have known that 
such  victim was a police officer or peace officer, he or she causes the 
death  of  such officer or another police officer or peace officer under 
circumstances  which  do  not  constitute  murder because he or she acts 
under  the  influence  of  extreme  emotional disturbance, as defined in 
paragraph (a)  of subdivision one of section 125.25. The fact that homi- 
cide  was committed under the influence of extreme emotional disturbance 
constitutes  a  mitigating  circumstance  reducing  murder to aggravated 
manslaughter in the first degree or manslaughter in the first degree and 
need not be proved in any prosecution initiated under this subdivision. 
  Aggravated manslaughter in the first degree is a class B felony.