second degree

I was curious about this also after watching it last night on LMN. It seemed premediated to me which I thought made it first degree murder.

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"Let's not ask for the moon, we have the stars".

The definition of first and second degree murder varies from state to state. In New York state:

Second Degree Murder is any premeditated murder or felony murder that does not involve special circumstances.

First Degree Murder is when not only is the murder premeditated, but it also involves special circumstances, such as murder of a police officer, judge, fireman or witness to a crime; multiple murders; and torture or especially heinous murders.

Note that under this legal system, a "regular" premeditated murder, without such special circumstances, is not a first-degree murder; nor are murders by poison or "lying in wait" per se first-degree murders.

Source: http://www.diffen.com/difference/First_Degree_Murder_vs_Second_Degree_ Murder#Legal_Definition_of_Murder_in_New_York_and_several_other_states

So though, yes, this was a heinous murder/attempted murder it just doesn't qualify for first degree murder under New York law.

I don't understand why they didn't take him for that either considering he did plan it and "special circumstances" also includes a murder occurring in the commission of a felony (and assaulting someone with an ax would be a felony). I think history has shown that if his DNA or fingerprints weren't found there (because he wore gloves etc.) then he would not be found guilty of first degree murder. He would have known that too being the sociopath he is (as his father knew he is poor man- I would have removed him from having any claim to money or property in the event of my death and let him and everyone around know but that's me (maybe he just thought his sociopathy was limited to being a fake and a thief)).