A Queens, New York, man accused of murdering his pregnant girlfriend had initially faced an abortion allegation as well, but prosecutors spared him that charge due to New York’s recently passed pro-abortion law.

Queens District Attorney Richard Brown initially charged Anthony Hobson, 48, with murder and second-degree abortion for allegedly stabbing to death his 35-year-old pregnant victim, Jennifer Irigoyen, on Sunday, the New York Post reported.

Hobson surrendered to authorities Friday and was charged with murdering both Irigoyen and her unborn baby.

But a spokeswoman for the Queens District Attorney’s Office told the Post that there is no such abortion charge under the current “law as it exists today” because the charge “was repealed by the Legislature.”

Democrat New York Gov. Andrew Cuomo signed the Reproductive Health Care Act (RHA) on January 22, 46 years after the 1973 Supreme Court decision in Roe v. Wade, which legalized abortion.

New York’s law legalized late-term abortions, allowing doctors to perform the act “within 24 weeks from the commencement of pregnancy, or there is an absence of fetal viability, or at any time when necessary to protect a patient’s life or health,” according to the law.

The law also decriminalized abortion, removing it from the state’s criminal code and placing the offense under public health law.

Neither Cuomo nor his office has released a statement addressing the murder case.