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Intent to kill, Intent to inflict serious bodily injury, depraved heart, felony murder (MR. BRAK)
What constitutes adequate provocation?
adultery, threat of battery or deadly force, words not enough, no time to cool off
Imperfect self defense
When D makes an honest but unreasonable mistake OR was the aggressor. REs: mans, not murder
Unintentional homicide committed with criminal negligence OR misdemeanor manslaughter
NY 1st Degree Murder
Intent kill cop, guard, W, judge; for hire; cruel and wanton murders intended to inflict torture on V; felony M (BRAKERS) when D personally and intent (not a cofelon) kills
NY 2d Degree Murder
Intentionally killing V, depraved indifference, felony murder that isn't first (when D didn't personally/intent kill V)
NY Felony Murder Aff Defense
(1) D didn't commit homicidal act, (2) was not armed, (3) reasonable believed nobody was armed, (4)no reason to believe that other participants would engage in conduct likely to result in death
NY 1st Degree Manslaughter
Death caused with intent to inflict serious bodily injury (not kill), Intent killing under extreme emo disturb, abortion after 24W, serious physical injury that results in death of child
NY 2d Degree Manslaughter
Recklessly cause death of another, intent assist suicide or abortion where mother dies
Larceny elements (MBE)
Tresspassory taking, carrying away, of personal property, belonging to another, with an intent to deprive V of property AT THE TIME it was taken
False Pretenses (MBE)
Obtains TITLE of property, of another person, through reliance of that person on a known false representation of material past or present fact, and rep was made to defraud (usually the wrong answer)
NY Fourth Degree Larceny
Property worth > 1k, credit card, religious article, public record, secret scientific material, firearm, car worth more than $100, telephonic access device
All elements of larceny PLUS some kind of force or intimidation by D, plus taking must be on the person or in the presence of V
NY 1st Degree Robbery
A non-participant is seriously injured, D is armed with a deadly weapon, D threatens to use a dangerous instrument
NY 2d Degree Robbery
Robbery with more than one person, A nonparticipant is injured, D displays what appears to be a weapon, car is stolen
A breaking, and entering, of a dwelling, of another, at night, with the intent to commit a felony therein.
NY Burglary distinctions
Doesn't need to be at night and doesn't need a breaking (remaining in a bldg counts)
NY 1st Degree Burglary
Burglary of a dwelling AND either armed, threatens to use dang instrum or injures a nonparticipant
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