[gridlock]

What's the standard for 1st and 2nd degree in California?

I think he's guilty of non-premeditated murder, whithout special circumstances, whatever that comes out to...

I think that's 3rd degree in New York...

[cgk]

MURDER, FIRST DEGREE - In order for someone to be found guilty of first degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated.

To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life.

Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing.

First-degree murder in California includes a killing that is "willful, deliberate, and premeditated," or that is committed in the perpetration, or attempt to perpetrate, certain felonies, including burglary, and not including the petty offense of shoplifting. Cal. Penal Code S 189.

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MURDER, SECOND DEGREE - In order for someone to be found guilty of second degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. Note that the elements are identical with those for 1st degree murder. The practical difference is the sentences are different. Which crime to charge is usually entirely up to the prosecutor’s discretion.

[cgk]

And here's another definition, shorter:

California law classifies murder in two degrees—first and second. First-degree murder is premeditated and/or occurs during other crimes, such as arson, rape or robbery. Second degree murder is the crime of killing with the intention of killing, but without deliberation or premeditation.