N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Homicide and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 125.20 (2026)

Manslaughter in the first degree

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 125.20 Manslaughter in the first degree.
  A person is guilty of manslaughter in the first degree when:
  1. With intent to cause serious physical injury to another person, he
causes the death of such person or of a third person; or
  2. With intent to cause the death of another person, he causes the
death of such person or of a third person under circumstances which do
not constitute murder because he 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 manslaughter in the first degree and need not be
proved in any prosecution initiated under this subdivision; or
  4. Being eighteen years old or more and with intent to cause physical
injury to a person less than eleven years old, the defendant recklessly
engages in conduct which creates a grave risk of serious physical injury
to such person and thereby causes the death of such person.
  Manslaughter in the first degree is a class B felony.
Notes of Decisions
Cited in 889 cases (142 in the last 5 years), 1974–2026 · leading case: United States v. Scott, 990 F.3d 94 (2d Cir. 2021).
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United States v. Scott, 990 F.3d 94 (2d Cir. 2021). · cites it 13× “1, in determining Scott’s initial sentence because two prior convictions relied on as predicates for those enhancements were for New York first-degree manslaughter, see N.Y. Penal Law § 125.20 (1), which the district court ruled is not a categorical “violent felony” (ACCA) or…”
Luis Vargas-Sarmiento v. United States Dep't of Just., Bureau of Citizenship & Immigr. Servs., 448 F.3d 159 (2d Cir. 2006). · cites it 17× “§§ 1252(a)(2)(C) and (D), Vargas contends that the BIA erred in holding that his 1984 New York State conviction for first-degree manslaughter, see N.Y. Penal Law § 125.20 , constitutes a “crime of violence” under 18 U.”
United States v. Castillo, 896 F.3d 141 (2d Cir. 2018). · cites it 9× “2(a)(2) when, before the District Court, it conceded that the clause was void for vagueness; (2) What the so-called "generic definition" of "manslaughter" is; (3) Whether the elements of manslaughter in the first degree under New York law, N.Y. Penal Law § 125.20 (1), are the…”
People v. Laureano, 664 N.E.2d 1212 (N.Y. 1996). · cites it 8× “A person commits robbery in the first degree when he forcibly steals property and "in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime * * * [c]auses serious physical injury to any person who is not a participant…”
Patterson v. New York, 432 U.S. 197 (1977). · cites it 4× “N. Y. Penal Law §§ 125.20 (2), *219 125.25 (1) (a) (McKinney 1975).”
People v. Suarez, 844 N.E.2d 721 (N.Y. 2005). · cites it 4× “25 [2]), intentional manslaughter in the first degree (Penal Law § 125.20 [1]), reckless manslaughter in the second degree (Penal Law § 125.”
David Sweet v. Floyd Bennett, Superintendent of Elmira Corr. Inst., 353 F.3d 135 (2d Cir. 2003). · cites it 5× “25 [4], and first degree manslaughter, N.Y. Penal Law § 125.20 [4], conjunctively rather than alternatively; and (2) Sweet was subsequently convicted of both counts by the jury.”
United States v. Scott, 954 F.3d 74 (2d Cir. 2020). · cites it 9× “For these homicide crimes, Scott stands twice convicted in New York State of first-degree manslaughter under N.Y. Penal Law § 125.20 (1). At issue on this appeal is whether Scott’s manslaughter convictions are for crimes of violence.”
People v. Nieves, 739 N.E.2d 1277 (Ill. 2000). · cites it 6× “Defendant takes issue both with the jury's finding of eligibility based upon the aggravating factor of two or more convictions for murder and with the trial court's finding that subsection (1) of New York's first degree manslaughter statute ( N.Y. Penal Law § 125.20 (McKinney…”
People v. Butler, 644 N.E.2d 1331 (N.Y. 1994). · cites it 8× “50; see , Penal Law §§ 125.20, 125.15). The jury's conviction was overturned by the Appellate Division, on the law ( 196 AD2d 659 ).”
People v. Baker, 926 N.E.2d 240 (N.Y. 2010). · cites it 3× “25 [4]), manslaughter in the first and second degrees (Penal Law § 125.20 [4]; § 125.15 [1]), and endangering the welfare of a child (Penal Law § 260.”
People v. Sanchez, 777 N.E.2d 204 (N.Y. 2002). · cites it 4× “Resultingly, whenever there is insufficient evidence to make a case for intentional murder, the prosecution will inappropriately have a second chance at a murder conviction rather than one for manslaughter in the first degree under Penal Law § 125.20 (1). Moreover, by diverting…”
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N.Y. Penal Law § 125.20(1): 5 cases
United States v. Scott, 990 F.3d 94 (2d Cir. 2021). “1, in determining Scott’s initial sentence because two prior convictions relied on as predicates for those enhancements were for New York first-degree manslaughter, see N.Y. Penal Law § 125.20 (1), which the district court ruled is not a categorical “violent felony” (ACCA) or…”
Luis Vargas-Sarmiento v. United States Dep't of Just., Bureau of Citizenship & Immigr. Servs., 448 F.3d 159 (2d Cir. 2006). “§§ 1252(a)(2)(C) and (D), Vargas contends that the BIA erred in holding that his 1984 New York State conviction for first-degree manslaughter, see N.Y. Penal Law § 125.20 , constitutes a “crime of violence” under 18 U.”
Ruben Campaneria v. Theodore Reid, Superintendent, Fishkill Corr. Facility, Robert Abrams, Attorney Gen. of the State of New York, 891 F.2d 1014 (2d Cir. 1989).
Jones v. Speckard, 827 F. Supp. 139 (W.D.N.Y. 1993).
People v. K.B., 2023 NY Slip Op 51440 (N.Y. Sup. Ct., Erie Cty. 2023).
N.Y. Penal Law § 125.20(2): 2 cases
Brown v. United States, 584 A.2d 537 (D.C. 1990).
Delgado v. Walker, 798 F. Supp. 107 (E.D.N.Y. 1992).
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