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Felony murder rule (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 ยง 125.25. 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. 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

    • References

    Felony murder rule (New York) Wikipedia
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