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125.22 – Aggravated manslaughter in the first degree

§ 125.22 Aggravated manslaughter in the first degree.

A person is guilty of aggravated manslaughter in the first degree
when:

  1. with intent to cause serious physical injury to a police officer or
    peace officer, where such officer was in the course of performing his or
    her official duties and the defendant knew or reasonably should have
    known that such victim was a police officer or a peace officer, he or
    she causes the death of such officer or another police officer or peace
    officer; or
  2. with intent to cause the death of a police officer or peace
    officer, where such officer was in the course of performing his or her
    official duties and the defendant knew or reasonably should have known
    that such victim was a police officer or peace officer, he or she causes
    the death of such officer or another police officer or peace officer
    under circumstances which do not constitute murder because he or she
    acts under the influence of extreme emotional disturbance, as defined in
    paragraph (a) of subdivision one of section 125.25. The fact that
    homicide was committed under the influence of extreme emotional
    disturbance constitutes a mitigating circumstance reducing murder to
    aggravated manslaughter in the first degree or manslaughter in the first
    degree and need not be proved in any prosecution initiated under this
    subdivision.

    Aggravated manslaughter in the first degree is a class B felony.

Criminal Laws NY

Criminal Laws NY