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In New York, there are two mens reas for murder [homicide], ‘intentional’ and ‘depraved indifference’. Leaving somebody to die in a submerged car might be considered depraved indifference.

‘First degree manslaughter’ requires an intent to cause serious physical injury with a death. ‘Second degree manslaughter’ involves physical injury and death [punch to nose, fall, head strikes table corner, etc]

‘Criminally negligent homicide’ requires death resulting from criminal negligence [a higher level of failure to perceive than civil negligence]

Murder is a Class ‘A’ felony, Man 1 is a ‘B violent’, Man 2 is a ‘D’, Crim Neg is an ‘E’.

NOTE: These crimes do not include those involving vehicles, which are separate.