State of New York v. Antonio Carr

Lockport, New York criminal defense lawyer represented Defendant charged with second-degree murder.



Antonio Carr, age 30, was accused of killing Tracy Green, age 57, at the victim's barber shop in Niagara Falls on Oct. 2, 2021. The defendant shot the victim with a small-caliber rifle. When those shots weren't fatal, he left, returned moments later with a 9 mm handgun, and shot him six more times.



The case was prosecuted by First Assistant District Attorney Doreen Hoffmann and Executive Assistant Mary Jean Bowman.



New York Penal Law § 125.25: Murder in the second degree provides:



A person is guilty of murder in the second degree when:



1. With intent to cause the death of another person, he causes the

death of such person or of a third person; except that in any

prosecution under this subdivision, it is an affirmative defense that:



(a) (i) The defendant acted under the influence of extreme emotional

disturbance for which there was a reasonable explanation or excuse, the

reasonableness of which is to be determined from the viewpoint of a

person in the defendant's situation under the circumstances as the

defendant believed them to be. Nothing contained in this paragraph shall

constitute a defense to a prosecution for, or preclude a conviction of,

manslaughter in the first degree or any other crime. (ii) It shall not

be a "reasonable explanation or excuse" pursuant to subparagraph (i) of

this paragraph when the defendant's conduct resulted from the discovery,

knowledge or disclosure of the victim's sexual orientation, sex, gender,

gender identity, gender expression or sex assigned at birth; or



(b) The defendant's conduct consisted of causing or aiding, without

the use of duress or deception, another person to commit suicide.

Nothing contained in this paragraph shall constitute a defense to a

prosecution for, or preclude a conviction of, manslaughter in the second

degree or any other crime; or



2. Under circumstances evincing a depraved indifference to human life,

he recklessly engages in conduct which creates a grave risk of death to

another person, and thereby causes the death of another person; or



3. Acting either alone or with one or more other persons, he commits

or attempts to commit robbery, burglary, kidnapping, arson, rape in the

first degree, criminal sexual act in the first degree, sexual abuse in

the first degree, aggravated sexual abuse, escape in the first degree,

or escape in the second degree, and, in the course of and in furtherance

of such crime or of immediate flight therefrom, he, or another

participant, if there be any, causes the death of a person other than

one of the participants; except that in any prosecution under this

subdivision, in which the defendant was not the only participant in the

underlying crime, it is an affirmative defense that the defendant:



(a) Did not commit the homicidal act or in any way solicit, request,

command, importune, cause or aid the commission thereof; and



(b) Was not armed with a deadly weapon, or any instrument, article or

substance readily capable of causing death or serious physical injury

and of a sort not ordinarily carried in public places by law-abiding

persons; and



(c) Had no reasonable ground to believe that any other participant was

armed with such a weapon, instrument, article or substance; and



(d) Had no reasonable ground to believe that any other participant

intended to engage in conduct likely to result in death or serious

physical injury; or



4. Under circumstances evincing a depraved indifference to human life,

and being eighteen years old or more the defendant recklessly engages in

conduct which creates a grave risk of serious physical injury or death

to another person less than eleven years old and thereby causes the

death of such person; or



5. Being eighteen years old or more, while in the course of committing

rape in the first, second or third degree, criminal sexual act in the

first, second or third degree, sexual abuse in the first degree,

aggravated sexual abuse in the first, second, third or fourth degree, or

incest in the first, second or third degree, against a person less than

fourteen years old, he or she intentionally causes the death of such

person.

Guilty