I don’t understand the second-degree murder charge. Surely this was premeditated and planned, wasn’t it?
After all, maybe he didn't originally intend to kill the guy, he did start by tasing him.
Details here: https://statelaws.findlaw.com/new-york-law/new-york-first-de...
Having to refile with lesser charges gives the defense an advantage because they can tell the jury "look even the prosecution doesn't believe they have enough evidence of my clients guilt!"