Legal Question in Criminal Law in New York

2nd degree murder

What is needed to prove this charge. What must the DA show to prove this charge.


Asked on 4/17/07, 8:01 pm

2 Answers from Attorneys

Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: 2nd degree murder

There are different theories that fall under Murder in the Second Degree. Depending on which theory the prosecutor is proceeding on it will change the elements that the prosecutor must prove beyond a reasonable doubt. Please feel free to contact my office if we can be of any assistance.

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Answered on 4/17/07, 9:16 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: 2nd degree murder

Here is a link to Felony Murder charge to the jury:

http://www.courts.state.ny.us/cji/2-PenalLaw/125/125-25(3).pdf

This is the charge to the jury in an Intentional Murder:

http://www.courts.state.ny.us/cji/2-PenalLaw/125/125-25(1).pdf

And here is the charge for a Murder of Depraved Indifference:

http://www.courts.state.ny.us/cji/2-PenalLaw/125/125-25(2).pdf

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Answered on 4/17/07, 10:26 pm


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