Article 55 Classification & Designation of Offenses

Question 1

PL 55.00
Select the correct statement:
The provisions contained in the Penal Law relating to the classification and designation of offenses apply to:
(a) only offenses defined in the Penal Law
(b) only crimes defined in the Penal Law
(c) all offenses, whether defined within or outside the Penal Law
(d) all offenses defined within the Penal Law, and most but not all of the offenses defined outside of the Penal Law.

Answer 1

Answer: (c)
Choice (c) is correct (PL 55.00). All the laws of New York constitute the Consolidated Laws, which is an arrangement by subject matter. The Penal Law is Chapter 40. There are numerous offenses in other titles of the Consolidated Laws, but the classification and designation of all offenses, no matter where they are found in the Consolidated Laws, is governed by Penal Law Article 55.

Question 2

PL 55.05
Select the correct statement:
According to the Penal Law, class A felonies are, for the purpose of sentencing:
(a) subclassified into three categories
(b) not subclassified into any categories
(c) subclassified into two categories
(d) subclassified into four categories
(e) none of the above.

Answer 2

Answer: (c)
Choice (c) is correct. PL 55.05-1 provides that class A felonies are subclassified as either A-I or A-II felonies, with A-I the higher.

Question 3

PL 55.05-2 or 55.10-2(c)
Select the correct statement:
According to the Penal Law, misdemeanors are classified, for the purpose of sentencing, into:
(a) class A and class B misdemeanors
(b) class A, class B, and class C misdemeanors
(c) class A, class B, and general misdemeanors
(d) class A, class B, and unclassified misdemeanors.

Answer 3

Answer: (d)
Choice (d) is correct. Misdemeanors in the Penal Law are either class A or class B, as designated by the legislature. Unclassified misdemeanors, another category, are found outside the Penal Law (PL 55.10-2(c)).

Question 4

PL 55.10-1(a) & (b)
Select the correct answer:
According to the Penal Law:
1. the particular classification of each felony defined in the Penal Law is expressly designated in the section or article defining it.
2. any offense defined outside of the Penal Law which is declared by law to be a felony without specification of the class thereof, shall be deemed a class E felony.
(a) 1 and 2 are true
(b) 1 and 2 are false
(c) 1 is true, 2 is false
(d) 1 is false, 2 is true.

Answer 4

Answer: (a)
Choice (a) is correct. Both statements are supported by PL 55.10-1.

Question 5

PL 55.10-2(a) & (b)
Select the correct answer:
1. Every misdemeanor defined within the Penal Law is either a Class A or Class B misdemeanor.
2. An offense in another law which is simply called a misdemeanor (not classified as a Class A misdemeanor or Class B misdemeanor) shall be deemed a Class B misdemeanor.
(a) 1 and 2 are true
(b) 1 and 2 are false
(c) 1 is true, 2 is not
(d) 2 is true, 1 is not.

Answer 5

Answer: (c)
Choice (c) is correct. Statement 1 is correct, as shown in PL 55.10-2(a). Statement 2 is incorrect, as shown by PL 55.10-2(b), which provides that offenses in other laws which are declared to be misdemeanors without specification of the classification or of the applicable sentence shall be deemed class A misdemeanors.

Question 6

PL 55.10-4
Select the correct answer:
According to the Penal Law, an offense defined as a “traffic infraction:’’
1. can also be deemed a violation by virtue of the sentence prescribed therefor.
2. can also be deemed a misdemeanor by virtue of the sentence prescribed therefor.
(a) 1 and 2 are true
(b) 1 and 2 are false
(c) 1 is true, 2 is false
(d) 1 is false, 2 is true.

Answer 6

Answer: (b)
Choice (b) is correct. Both statements are in opposition to PL 55.10-4.