Essay 2

Question 1

In New York, a person commits possession of stolen property when he

Answer 1

Knowingly possesses stolen property with the intent to benefit himself or another, or to impede the owner’s recovery of the property.

Question 2

A defendant can be convicted of attempted possession of stolen property if he:

Answer 2

1. Has a specific intent to commit possession of stolen property, and
2. performs an overt act that comes dangerously near to commission of the possession of stolen property.

Question 3

Can a defendant assert a defense to an attempt crime if the defendant engages in conduct while mistaken about certain attendant circumstances?

Answer 3

No. It is no defense to an attempt crime when the defendant engages in conduct while mistaken about certain attendant circumstances.

Question 4

In New York, the crime of attempted larceny encompasses the common law crime of

Answer 4

False pretenses.

Question 5

A person commits larceny by false pretenses when he:

Answer 5

Obtains title to the property of another by a knowing false statement of past or existing fact with the intent to defraud another.

Question 6

A person is guilty of attempted larceny by false pretenses if he:

Answer 6

Intends to commit the offense and comes dangerously near to committing that offense.

Question 7

In New York, a person is guilty of robbery when he:

Answer 7

Uses or threatens the immediate use of physical force upon another person in the course of committing a larceny.

Question 8

Larceny

Answer 8

Larceny is the taking and carrying away of the personal property of another by trespass with the intent to permanently deprive the person of his interest in the property.

Question 9

A person is guilty of first degree robbery when he

Answer 9

Forcibly steals property and is armed with a deadly weapon, or uses or threatens the immediate use of a dangerous instrument (i.e., an instrument that, under the circumstances in which it is used, is capable of causing death or serious bodily injury).

Threats alone can satisfy the statutory requirement of force.

Question 10

Under New York law, a person charged with assault can assert the defense of justification if he:

Answer 10

Used physical force on another to the extent he reasonably believed such force was necessary to defend himself or another from imminent use of unlawful force

Question 11

Justification is not available as a defense to assault if:

Answer 11

1. With the intent to cause physical injury to another, he provoked the use or imminent use of unlawful force,
2. He was the initial aggressor, or
3. The use of force was pursuant to an unlawful combat agreement.

Question 12

In New York, a person may not use deadly force if he can safely retreat; however, retreat is not required if the person:

Answer 12

1. Is in his dwelling and is not the initial aggressor,
2. Is a peace officer, or
3. Believes the other person is committing or attempting kidnaping. forcible rape, forcible criminal sexual act, robbery, or burglary.

Question 13

Force may not be used to regain possession of property that a person reasonably believes was wrongfully taken unless:

Answer 13

The person using it is in immediate pursuit of the taker.

Deadly force may not be used in the defense of property.