NYSentencing

§ 125.25 Murder in the second degree.
  A person is guilty of murder in the second degree when:

  1.  With intent to cause the death of another person, he causes the death
of such person or of a third person; except that in any  prosecution  under
this subdivision, it is an affirmative defense that:
  (a)  (i)  The defendant acted under the influence of extreme emotional
disturbance for which there was a reasonable explanation or excuse,  the
reasonableness  of  which  is  to  be determined from the viewpoint of a
person in the defendant's  situation  under  the  circumstances  as  the
defendant believed them to be. Nothing contained in this paragraph shall
constitute  a defense to a prosecution for, or preclude a conviction of,
manslaughter in the first degree or any other crime. (ii) It  shall  not
be  a "reasonable explanation or excuse" pursuant to subparagraph (i) of
this paragraph when the defendant's conduct resulted from the discovery,
knowledge or disclosure of the victim's sexual orientation, sex, gender,
gender identity, gender expression or sex assigned at birth; or
  (b)  The  defendant's conduct consisted of causing or aiding, without the
use of duress or deception,  another  person  to  commit  suicide.  Nothing
contained  in  this  paragraph  shall constitute a defense to a prosecution
for, or preclude a conviction of, manslaughter in the second degree or  any
other crime; or

  2. Under circumstances evincing a depraved indifference to human life, he
recklessly engages in conduct which  creates  a  grave  risk  of  death  to
another person, and thereby causes the death of another person; or

  3. Acting either alone or with one or more other persons, he commits or
attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
first degree,  criminal sexual act in the first  degree,  sexual
abuse  in the first degree, aggravated sexual abuse, escape in the first
degree, or escape in the second degree, and, in the  course  of  and  in
furtherance  of  such  crime  or  of  immediate flight therefrom, he, or
another participant, if there be any, causes the death of a person other
than one of the participants; except that in any prosecution under  this
subdivision,  in which the defendant was not the only participant in the
underlying crime, it is an affirmative defense that the defendant:
  (a)  Did  not  commit  the  homicidal act or in any way solicit, request,
command, importune, cause or aid the commission thereof; and
  (b)  Was  not  armed  with a deadly weapon, or any instrument, article or
substance readily capable of causing death or serious physical  injury  and
of  a  sort not ordinarily carried in public places by law-abiding persons;
and
  (c)  Had  no  reasonable ground to believe that any other participant was
armed with such a weapon, instrument, article or substance; and
  (d)  Had  no  reasonable  ground  to  believe  that any other participant
intended to engage in conduct likely to result in death or serious physical
injury; or

  4.  Under  circumstances  evincing a depraved indifference to human life,
and being eighteen years old or more the defendant  recklessly  engages  in
conduct  which  creates a grave risk of serious physical injury or death to
another person less than eleven years old and thereby causes the  death  of
such person; or

  5.  Being eighteen years old or more, while in the course  of  commit-
ting  rape  in the first, second or third degree, criminal sexual act in
the first, second or third degree, sexual abuse  in  the  first  degree,
aggravated sexual abuse in the first, second, third or fourth degree, or
incest   in  the  first,  second  or  third  degree,  against  a  person
less than fourteen years old, he or she intentionally causes  the  death
of such person.

   Murder in the second degree is a class A-I felony.
with Argument