What exactly constitutes terrorism?  What makes a person a terrorist?  While there may not be a clear legal definition, a New York court has ruled on what is not.

FOX News Radio's Lisa Brady reports:

When someone opened fire at a christening party in the Bronx, prosecutors argued the gunman was trying to terrorize the neighborhood's Mexican-American community, and the gunman was convicted in the killing of a 10-year-old bystander and wounding of a rival gang member under a terrorist law enacted after 9/11.

Now, New York's Court of Appeals has ordered a new trial for Edgar Morales, saying the terrorism theory likely prejudiced the jury, and that there's no indication the law was intended to elevate gang violence to terrorism status.

In New York, Lisa Brady, FOX News Radio.