Felony murder rule (New York)


In the state of New York, the common law felony murder rule has been codified in New York Penal Law § 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 they: