Felony murder rule in New York

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In the state of New York, the common law felony murder rule has been codified in New York Penal Law § 125.25.[1] The New York version of the rule provides that a death occurring during the commission of certain felonies becomes second degree murder.

Affirmative defenses

The rule also provides an affirmative defense.[2] The defendant has an affirmative defense if the crime was committed in a group and he or she:

  • Did not actually commit, solicit, or aid the homicide, and
  • Was not armed with a deadly weapon, and
  • Had no reason to believe that another participant carried a deadly weapon, and
  • Had no reason to believe that another participant intended to engage in conduct likely to cause death or serious bodily injury

See also

References

  1. ^ § 125.25 Murder in the second degree.
  2. ^ McCarthy, K.E. Felony Murder. Connecticut General Assembly Office of Legislative Research. 13 February 2008
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