Legal Definition of Murder in New York and several other states:
Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances.
First Degree Murder: 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.