NY Penal L § 125.25 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation Article 125 - Homicide and Related Offenses 125.25 - Murder in the Second Degree.

§ 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 committing 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.