Nope. There is a federal ban on unrestricted PBAs. If it's a matter of saving the mother's life, it's legal. Short of that there is no legitimate reason to murder a baby that close to birth.
In NY state, if someone is threatening your life but you have the ability to flee readily to safety, you have an obligation to do so, except in four circumstances, namely, if someone is threatening to rape, sexually assault, kidnap, or felony rob you. In those cases, and cases where you are actually being raped, sexually assaulted, kidnapped, or felony robbed, you have the right to use lethal means if necessary to prevent or stop that felony, and so does a third party trying to help you.
If a man escapes from an asylum for the criminally insane and threatens to rape a woman or is in the process of raping her, she has a right to use lethal force if needed to prevent/stop the felony, as does a third party. Now, if such a man rapes a woman, after the fact of the rape, he wouldn't be held responsible for the rape and tried and found guilty, because he would be legally insane, which is not guilty. Nonetheless, facing the threat or being subject to the raping, the victim would still have that right, and so would a third party. That's because a crime is occurring, even though the one committing the deed can't be found guilty of committing it.
For me, it's the same for any embryo or fetus. Without the woman's consent, no embryo or fetus has a legal right to implant in the woman's body and use it as a habitat or use her tissue to make a placenta or shut down part of her immune system for nine months or take oxygen and nutrients out of her blood for its use.
Moreover, it couldn't have such a right even if it were a legal person, because no person has ever had such a right. If you or I did that, we would be kidnapping, raping, sexually assaulting, and felony robbing the woman, to say nothing of other crimes. I don't see how her self-defense or even a third party's attempt to help it could possibly be considered murder in NY even if the fetus were declared a person.
Notice that saving the woman's life is not the only issue here. In fact, the NY law doesn't stipulate that the reason why lethal force is allowed if necessary is that the victim's life is being threatened and it's assumed he or she can't safely flee. Rape is not a threat to a person's life, but it's treated that seriously in this state.