Why not first degree murder? He planned it in advance, then assassinated the guy.
I’m not a lawyer, and I don’t play one on TV, but, if my memory is accurate, I remember from my business law class, fifty years ago, second degree murder contains intent. First degree contains intent, and premeditation. It seems to this unlawyerly mind, that this case is first degree. But, then we so far only know what the media is telling us.
Under NYS Law, it's not Murder 1. Doesn't qualify. But, in this case it really doesn't matter, he'll get life w/o parole.
I just asked myself that same question when I read the article. He lives in Pa., deliberately went to NY City with the weapon to shoot this guy, obviously staked him out, and followed through on his plans. New York State doesn't have the death penalty, but he should still be charged with 1st degree murder.