In the state of New York

New York

New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

, the common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 felony murder rule has been codified in New York Penal Code § 125.25. The New York version of the rule provides that a death occurring during the commission of a felony

Felony

A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

 becomes second degree murder.

Affirmative defenses

The rule also provides a number of affirmative defenses. The defendant has an affirmative defense if the crime was committed in a group and he or she:

• Did not actually commit, solicit, or aid the homicide
• Was not armed with a deadly weapon
• Had no reason to believe that another participant carried a deadly weapon
• Had no reason to believe that another participant intended to engage in conduct likely to cause death or serious bodily injury