Lebedin Kofman LLP has been retained to defend Daniel Arlequin, a 34-year-old man charged with murder in the second degree following the death of his girlfriend in their East Harlem apartment. The case, which was reported by the NY Daily News, highlights several of the most consequential issues in New York criminal defense — from the legal elements prosecutors must prove in a murder case to the additional charges that frequently accompany domestic violence allegations.
The Charges in This Case
According to reports, police responded to a 911 call for a fight at an apartment in the Wilson Houses on East 105th Street near First Avenue in the early morning hours of April 19, 2020. Officers encountered Arlequin at the door and found 48-year-old Tania Gonzalo unresponsive in the bedroom. Medics responded but were unable to revive her.
Arlequin was subsequently charged with:
- Murder in the Second Degree (Penal Law § 125.25(1)) — A class A-I felony carrying a sentence of 15 to 25 years to life in prison
- Strangulation — Relating to allegations that the victim was strangled
- Assault — Relating to head trauma the victim reportedly sustained
- Criminal Contempt — Based on reports that an active order of protection was in place at the time of the incident
The case also involved a reported history of prior domestic violence arrests, including a 2018 felony assault charge and two arrests in the summer of 2019 for misdemeanor assault and strangulation. This history and the presence of an active order of protection add significant complexity to the defense.
Every defendant is presumed innocent until proven guilty, and Lebedin Kofman LLP is committed to providing a vigorous defense at every stage of this case.
Understanding Murder in the Second Degree Under New York Law
The charge at the center of this case — murder in the second degree — is the most commonly prosecuted murder offense in New York. Despite its name suggesting a lesser charge, it is classified as a class A-I felony, the most serious felony classification in the state, and carries a mandatory maximum sentence of life in prison.
Penal Law § 125.25 defines several distinct theories under which a person can be charged with second-degree murder. Understanding which theory the prosecution is pursuing is essential to building an effective criminal defense strategy.
Intentional Murder (§ 125.25(1))
The most common form of second-degree murder — and the theory charged in this case — requires proof that the defendant intentionally caused the death of another person. Under Penal Law § 15.05(1), a person acts “intentionally” when it is their conscious objective to cause a particular result. The prosecution must prove beyond a reasonable doubt that the defendant’s conscious objective was to cause death — not merely to injure.
This distinction is critical because it separates murder from manslaughter in the first degree (Penal Law § 125.20). If a defendant intended to cause serious physical injury but did not intend to kill, and the victim died, the appropriate charge may be manslaughter — a class B violent felony carrying a determinate sentence of 5 to 25 years rather than a potential life sentence.
As the New York Criminal Jury Instructions.pdf) make clear, intent is rarely proven through direct evidence such as a confession. Instead, prosecutors typically ask juries to infer intent from the surrounding circumstances: the nature and severity of the injuries, any weapons involved, statements made before or after the incident, and the relationship between the defendant and the victim.
Depraved Indifference Murder (§ 125.25(2))
A person can also be charged with second-degree murder without intent to kill if, under circumstances evincing a “depraved indifference to human life,” they recklessly engage in conduct creating a grave risk of death that results in another person’s death.
The New York Court of Appeals substantially narrowed this theory in People v. Feingold (2006) and People v. Suarez (2005), holding that depraved indifference describes a defendant’s state of mind — not merely the objective dangerousness of their conduct. These decisions made it significantly harder for prosecutors to bring depraved indifference charges in one-on-one confrontations, particularly in domestic violence situations where the evidence more naturally supports an intentional murder theory.
Felony Murder (§ 125.25(3))
New York also recognizes felony murder, which applies when a death occurs during the commission of, or immediate flight from, certain enumerated felonies including 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, and escape. Under this theory, the prosecution does not need to prove intent to kill — the intent to commit the underlying felony is sufficient if a death results.
The statute provides an affirmative defense for participants who did not commit the homicidal act, were not armed, and had no reason to believe any other participant was armed or intended to engage in conduct likely to result in death.
Other Homicide Offenses Under New York Law
Article 125 of the Penal Law establishes a full hierarchy of homicide offenses beyond second-degree murder.
Murder in the First Degree (§ 125.27)
Murder in the first degree is not simply a “worse” version of second-degree murder. It is reserved for intentional killings committed under specific aggravating circumstances enumerated in the statute, such as killings of police officers or peace officers in the line of duty, contract killings, killings committed during violent felonies, killings involving torture, serial killings, and killings in furtherance of terrorism. The defendant must have been eighteen or older at the time of the crime. The sentencing range is 20 to 25 years to life, with the possibility of life without parole.
Although New York’s death penalty statute technically remains on the books, it has been effectively invalidated by the Court of Appeals in People v. LaValle (2004), and no executions have occurred in the state since 1963.
Aggravated Murder (§ 125.26)
Aggravated murder targets intentional killings of law enforcement officers and certain public servants engaged in their official duties. A conviction under subdivision one of this section carries a mandatory sentence of life without parole under Penal Law § 70.00(5).
Manslaughter in the First Degree (§ 125.20)
Manslaughter in the first degree is a class B violent felony. It applies when a defendant intends to cause serious physical injury but unintentionally causes death, or when a defendant intentionally kills someone while acting under the influence of an extreme emotional disturbance. It carries a determinate sentence of 5 to 25 years.
Manslaughter in the Second Degree (§ 125.15)
Manslaughter in the second degree is a class C non-violent felony that applies when a person recklessly causes the death of another. It carries an indeterminate sentence with a minimum of one to five years and a maximum of up to 15 years — a dramatically different outcome compared to the 15-to-life minimum for murder.
The distinction between murder and manslaughter frequently becomes the central battleground in homicide cases, and defense attorneys often pursue mitigation strategies aimed at reducing the charge from murder to manslaughter.
Sentencing for Murder in New York
Murder in the second degree is a class A-I felony. Under Penal Law § 70.00(3)(a)(i), the sentence is indeterminate with a maximum of life in prison. The court must set a minimum period of imprisonment between 15 and 25 years. Even in the most favorable scenario, a person convicted of second-degree murder will spend at least 15 years in state prison before becoming eligible for parole consideration — with no guarantee of release.
First-degree murder carries a minimum of 20 to 25 years to life, with discretion for life without parole. Aggravated murder under § 125.26(1) carries mandatory life without parole.
These consequences underscore why early involvement of experienced defense counsel is critical in any murder case.
Charges That Commonly Accompany Murder Indictments
As this case illustrates, murder charges in New York rarely stand alone. Prosecutors frequently include additional counts in the indictment to cover different theories of liability and to provide the jury with options at trial.
Strangulation Charges (Article 121)
New York enacted strangulation offenses under Penal Law Article 121 in 2010 to specifically address the danger of choking and neck compression. Strangulation in the first degree (§ 121.13) is a class C violent felony, applicable when criminal obstruction of breathing or blood circulation causes serious physical injury. Strangulation in the second degree (§ 121.12) is a class D violent felony. A related charge of criminal obstruction of breathing or blood circulation (§ 121.11) — a class A misdemeanor — may also be filed as a lesser included offense.
Assault Charges
Assault in the first degree (Penal Law § 120.10) is a class B violent felony that applies when a person intentionally causes serious physical injury using a deadly weapon or dangerous instrument. Lower-degree assault charges may also accompany a murder indictment depending on the evidence of injuries.
Criminal Contempt and Orders of Protection
When a defendant was subject to an active order of protection at the time of the alleged offense, prosecutors will typically add criminal contempt charges. Criminal contempt in the first degree (Penal Law § 215.51) is a class E felony, and aggravated criminal contempt (§ 215.52) is a class D felony. The existence of a prior order of protection also becomes a significant factor in bail applications and pretrial detention decisions.
Defense Strategies in New York Murder Cases
Every murder case is different, and the defense strategy depends on the specific facts, available evidence, and prosecution theory. However, several well-established defense frameworks apply across many murder cases.
Justification (Self-Defense)
New York’s justification defense under Penal Law Article 35 permits the use of deadly physical force when a person reasonably believes it is necessary to defend against imminent deadly force. New York generally imposes a duty to retreat before using deadly force, with an exception for the “castle doctrine” — a person in their own dwelling has no duty to retreat from an intruder who is not a resident of the dwelling. Self-defense is a complete defense that results in full acquittal if credited by the jury.
Extreme Emotional Disturbance
The extreme emotional disturbance (EED) defense under § 125.25(1)(a) is an affirmative defense that, if proven by a preponderance of the evidence, reduces a second-degree murder charge to manslaughter in the first degree. The defendant must demonstrate they acted under the influence of an extreme emotional disturbance for which there was a reasonable explanation or excuse, judged from the viewpoint of a person in the defendant’s situation.
A 2019 amendment to the statute expressly provides that the discovery of the victim’s sexual orientation, sex, gender, gender identity, gender expression, or sex assigned at birth does not constitute a reasonable explanation or excuse — closing what was known as the “gay panic defense.”
Challenging Intent
Because intentional murder requires proof that the defendant’s conscious objective was to cause death, defense attorneys frequently argue the evidence does not support that specific mental state. If evidence shows the defendant intended to cause injury but not death, the appropriate charge may be manslaughter. This is particularly effective in cases involving physical altercations that escalated unexpectedly or where fatal injuries were inflicted without a weapon.
Challenging the Prosecution’s Evidence
Defense counsel may also focus on the reliability and admissibility of the prosecution’s evidence — challenging physical evidence obtained through unlawful searches, questioning forensic conclusions, exposing inconsistencies in witness testimony, or presenting alibi evidence. The discovery process in a murder case is extensive, and experienced defense attorneys use pretrial hearings and motions to test the prosecution’s case at every stage.
The Domestic Violence Context
Cases arising from domestic violence situations present unique dynamics for both prosecution and defense. A history of prior incidents, prior arrests, and active orders of protection will factor heavily into the prosecution’s case. Conversely, New York law recognizes that a defendant’s own history as a victim of domestic violence may be relevant at sentencing. Under Penal Law § 60.12, courts have the authority to impose alternative sentencing for certain violent felony offenses when the defendant was a victim of abuse by the victim of the charged offense and that abuse was a factor in causing the defendant to commit the crime.
Frequently Asked Questions About Murder Charges in New York
What is the difference between murder and homicide in New York?
Homicide is a broader term encompassing all killings. Under Penal Law § 125.00, homicide means conduct causing death under circumstances constituting murder, manslaughter, or criminally negligent homicide. Murder is the most serious category, requiring proof of intentional killing, depraved indifference, or a killing during a qualifying felony. Not every homicide is criminal — killings committed in justifiable self-defense, for example, are not criminal offenses.
Can a murder charge be reduced to manslaughter?
Yes. Prosecutors and defense attorneys may negotiate plea agreements reducing murder to manslaughter. The extreme emotional disturbance defense, if proven at trial, reduces a murder conviction to manslaughter in the first degree as a matter of law. Juries are also typically instructed on lesser included offenses, giving them the option to convict on manslaughter if the evidence does not fully support murder.
What is the minimum sentence for murder in New York?
For murder in the second degree, the minimum sentence is an indeterminate term of 15 years to life. For murder in the first degree, the minimum is 20 years to life. Aggravated murder under § 125.26(1) carries mandatory life without parole.
What should I do if I am charged with murder?
Invoke your right to remain silent and your right to an attorney immediately. Do not speak with investigators, do not consent to searches, and contact an experienced criminal defense attorney as soon as possible. Anything you say to law enforcement can and will be used against you, including statements that may seem exculpatory at the time.
Can you be charged with murder if you did not intend to kill anyone?
Yes. Under the felony murder rule (§ 125.25(3)), a person can be charged with murder if a death occurs during certain enumerated felonies, regardless of whether the death was intended. Depraved indifference murder (§ 125.25(2)) also does not require intent to kill — only proof of reckless conduct under circumstances showing depraved indifference to human life.
Contact a New York Murder Defense Attorney
A murder charge demands immediate, aggressive, and experienced legal representation. At Lebedin Kofman LLP, our criminal defense attorneys have the courtroom experience and legal knowledge to defend against the most serious charges in New York’s criminal justice system. We represent clients facing murder and homicide charges across New York City, Nassau County, and Suffolk County.
If you or someone you know is facing a murder investigation or has been charged with murder, contact us immediately for a confidential consultation. Every hour matters in a murder case, and the earlier experienced counsel is involved, the stronger the defense will be.