N.Y. Penal Law § 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.