Cant have it both ways.
The article is somewhat inaccurate. The section that says a baby is not a human until a live birth is specifically under the definition of abortion. I still thinks it is problematic since murder is defined as:
§ 6. Section 125.00 of the penal law is amended to read as follows:
§ 125.00 Homicide defined.
Homicide means conduct which causes the death of a person [or an unborn child with which a female has been pregnant for more than twenty-four weeks] under circumstances constituting murder, manslaughter in
the first degree, manslaughter in the second degree, OR criminally negligent homicide[,abortion in the first degree or self-abortion in the first degree].
The abortion section is:
§ 7. The section heading, opening paragraph and subdivision 1 of section 125.05 of the penal law are amended to read as follows:
Homicide[, abortion] and related offenses; definitions of terms]
DEFINITION.
The following [definitions are] DEFINITION IS applicable to this article:
[1.] “Person,” when referring to the victim of a homicide, means a human being who has been born and is alive.
Two definition of homicide may become a issue in court with a good lawyer.