"Mr. Mangione, 27, is still charged with second-degree murder. The decision by Justice Carro is a blow to the Manhattan district attorney’s office, led by Alvin L. Bragg. The prosecutors had argued that a terrorism charge was warranted because Mr. Mangione had targeted an executive 'of the United States’ largest health insurance company in front of the hotel where the company was about to conduct its annual investor conference' in Midtown Manhattan, which they said was 'widely recognized as the media capital of the world.' Mr. Bragg has said that the act was 'a frightening, well-planned, targeted murder that was intended to cause shock and attention and intimidation.'"
The NYT reports.
Mangione also faces charges in federal court in Pennsylvania state court.
ADDED:
Here's the NY statute showing what it takes for murder in the first degree: "(xiii) the victim was killed in furtherance of an act of terrorism, as defined in paragraph (b) of subdivision one of
section 490.05 of this chapter...." Section 490.05 defines "terrorism" to include acts intended to "intimidate or coerce a civilian population."