A person can be charged with Manslaughter in the 1st Degree, in violation of NY Penal Law section 125.20 if the defendant commits one of the following acts:

  1. The defendant intends to cause serious physical injury to a person but instead causes that person or another person to die;
  2. The defendant intends to cause the death of another person and causes the death, but it occurs when the defendant was under the influence of extreme emotional disturbance. Therefore, instead of being charged with Murder (link) the defendant is charged with Manslaughter.
  3. The defendant is over 18 years old and intends to cause injury to someone less than 11 years old, but in doing so the defendant’s conduct creates a grave risk of serious physical injury to the child and the child ultimately dies.