Law Review

Question 1

Re: PRINCIPLES OF CRIMINAL LIABILITY in TITLE B, ARTICLE 15 of the Penal Law, which of the following is not correct?

A: “Intoxication” is a defense to a criminal charge when it is relevant to negate an element of the crime charged.
B: A person who creates a serious risk but who is unaware of it solely because he is voluntarily intoxicated acts recklessly with respect to the risk.
C: A person may sometimes be relieved of criminal liability based on a MISTAKE OF FACT.
D: A person may sometimes be relieved of criminal liability based on a MISTAKE OF LAW.

Answer 1

A: See 15.25 P.L.

Question 2

Which of the following is not a defined culpable mental state in the Penal Law?

A: Intentionally
B: Knowing
C: Recklessly
D: Criminal Negligence

Answer 2

C: Nor is the word CARELESS a defined culpable mental state.

Question 3

Tom owns a body shop in your jurisdiction. Business is slow and so Roger, a good friend who is a sewer worker, leaves off a manhole cover near Tom’s body shop. The hope is that cars will be damaged when they fall into the manhole and since Tom’s body shop is prominently nearby, Tom will probably get the job. Unfortunately, George is walking his dog nearby and he falls into the manhole, suffering impairment of physical condition. The most appropriate charge against Roger is

A: Intentional Assault 2nd Degree.
B: Reckless Assault 3rd Degree
C: Criminally Negligent Assault 3rd Degree.
D: Creating a Hazard.

Answer 3

B: You could argue for choice C but we think you would lose. It certainly wasn’t INTENTIONAL as in choice A.

Question 4

Roger gets convicted for his actions in the last question and as part of his sentence he had to spend 5 days in the local jail. While therein, he encounters an old high school enemy and Roger punches him in the nose intentionally causing physical injury to him. Roger has committed

A: Harassment 1st Degree.
B: Assault 3rd Degree.
C: Assault 2nd Degree.
D: Assault 1st Degree

Answer 4

C: The Assault 3rd Degree escalates to Assault 2nd Degree because it occurred in the correctional facility

Question 5

According to the provisions of the Penal Law in Section 120.10, Subd. 1 and Subd. 2, which of the following persons would be criminally responsible for Assault 1st Degree?

1. Tondelayo, age 13
2. Roger, age 14
3. George, age 15
4. Jim, age 17

A: All 4
B: Only #2, #3 and #4
C: Only #4
D: Only #2 and #3

Answer 5

B: A 14 or 15 year old is a J.O. for Assault 1st Degree, Subd. 1 or Subd. 2.

Question 6

Tondelayo has been enrolled in college as a freshman student. She is accepted into the “NO MEN ALLOWED” sorority, but she must be initiated. Part of the initiation requires Tondelayo to climb the face of a factory building to at least the third floor. In the past, numerous young ladies have been injured doing this task. Tondelayo starts the climb, loses her grip, falls, and suffers a physical injury. The leaders of the sorority have committed

A: Reckless Endangerment 1st Degree.
B: Assault 2nd Degree.
C: Hazing 1st Degree.
D: Hazing 2nd Degree.

Answer 6

C: See 120.16 P.L.

Question 7

Tondelayo, age 22, has sexual intercourse with Roger, age 14. Roger
consented to the act, but later told his parents, who called the police.
If the police arrest Tondelayo, the most appropriate charge against her
should be

A: Rape 1st Degree.
B: Rape 2nd Degree.
C: Sexual Misconduct since a female cannot rape a male.
D: Criminal Sexual Act 2nd Degree.

Answer 7

B: 18 or more; L.T. 15. See 130.30 P.L.

Question 8

Tondelayo, age 16, engages in sexual conduct with Roger, who is 22. Roger has agreed to pay Tondelayo $50 for engaging in the sexual conduct with him. If Roger is arrested and charged with PATRONIZING A PROSTITUTE, the proper degree would be

A: 4th Degree.
B: 3rd Degree.
C: 2nd Degree.
D: 1st Degree.

Answer 8

B: See 230.04 P.L.

Question 9

Roger and Tondelayo kidnap George and send a ransom note to his wife demanding a payment of $100,000 for his return. Tondelayo doesn’t know it, but Roger is armed with a loaded firearm. While Tondelayo is out of the room in which George is being held, Roger begins to show off and starts to twirl the firearm cowboy style. The gun goes off accidentally and the bullet kills George,

Based on the above, the most correct statement below is:

A: Roger and Tondelayo are guilty of Kidnapping 1st Degree and Felony Murder.
B: Roger is guilty of Kidnapping 1st Degree and Felony Murder, but Tondelayo is guilty only of Kidnapping 1st Degree.
C: Roger is guilty of Felony Murder and Tondelayo is guilty of Manslaughter 1st Degree.
D: Since the killing was accidental, Roger and Tondelayo are guilty of Kidnapping 1st Degree and not Felony Murder.

Answer 9

B: Don’t fight this. We know that the AFFIRMATIVE DEFENSE to FELONY MURDER contains 4 elements and all 4 have not been spelled out. They weren’t spelled out years ago either.

Question 10

Roger and Tondelayo were formerly married to each other. Their child, Kevin, is 14 years old and Tondelayo has custody. Roger believes Tondelayo is an unfit mother and following one of his lawfully scheduled visits, Roger refuses to return Kevin to Tondelayo. Kevin would rather be with Tondelayo. Under these circumstances, Roger should be found guilty of

A: Kidnapping 1st Degree.
B: Kidnapping 2nd Degree.
C: Custodial Interference 1st Degree.
D: Custodial Interference 2nd Degree.

Answer 10

D: See 135.45 P.L.

Question 11

Roger waits in an alley outside a hardware store until the store closes. Roger unlawfully enters through the back door intending to steal a very expensive set of power tools. While inside the store, Roger is frightened by a passing police car and he leaves the store empty handed. If Roger is caught and placed under arrest, the most appropriate charge against him should be

A: Criminal Trespass 3rd Degree.
B: Attempted Burglary 2nd Degree.
C: Burglary 3rd Degree.
D: Attempted Criminal Trespass 2nd Degree.

Answer 11

C: All the elements of a completed Burglary 3rd Degree are present

Question 12

Roger climbs over the security fence surrounding the Lowe’s Nursery at 3:00 AM while the place is closed. Roger had a bolt cutter on his person. Roger accidentally tripped an alarm and he was taken into custody. a records check disclosed that Roger had a prior conviction for Burglary.

Based on the above, Roger was committed

A: Criminal Trespass 3rd Degree.
B: Criminal Trespass 2nd Degree and Burglary 3rd Degree.
C: a Class E Felony because of his prior conviction.
D: two Class A Misdemeanors.

Answer 12

A: Criminal Trespass 3rd Degree is a B Misdemeanor and Possession of Burglar’s Tools is an A Misdemeanor.

Question 13

Roger and Tondelayo are in the process of burglarizing George’s home. When
they unlawfully entered, the dwelling was not occupied. But George came
home. In their haste to get out, Roger knocked George down a flight of
stairs and George sprained his ankle. The house was alarm wired and
responding police arrested Roger and Tondelayo. The most appropriate charge
against them should be

 A: Burglary 2nd Degree.
 B: Burglary 3rd Degree.
 C: Criminal Trespass 1st Degree.
 D: Burglary 1st Degree.
 E: Assault 1st Degree.

Answer 13

D: This is an A-DIKE burglary. See P.T.S. PENAL LAW DIGEST. NOTE: If Roger and Tondelayo were in flight from the house, they would be fair game for D.P.F. from the police because this would then be a B1-A-K-E1. But remember TENNESSEE v. GARNER.

Question 14

While on patrol at 0300 hours, P.O. Mullins sees Roger inside the public vestibule of a multiple dwelling. When P.O. Mullins approaches Roger he sees Roger trying to hide a screwdriver in a nearby potted plant. When Mullins questions Roger, Mullins realizes that Roger doesn’t live in the building. Under these circumstances, if P.O. Mullins arrests Roger, the most appropriate charge should be

A: Attempted Burglary 1st Degree.
B: Attempted Larceny.
C: Possession of Burglar’s Tools.
D: Loitering 1st Degree.

Answer 14

C: Possession of Burglar’s Tools.

Question 15

The only way that CRIMINAL MISCHIEF 1ST DEGREE can occur is

A: if damage exceeds $100,000
B: an intentional fire is the cause
C: a dwelling is damaged intentionally
D: damage to property of another is intentionally caused by an explosive.

Answer 15

D: Be sure to compare Criminal Mischief to Arson 5th Degree

Question 16

Roger approaches Tondelayo on the street and says, “If you don’t give me that thousand dollar watch you are wearing I will wait for you to come out of your house tomorrow and I will kidnap and hurt you.” Tondelayo gives Roger the watch which was worth $1,500. Tondelayo notifies police and Roger is arrested. At the time of his arrest he was in possession of a KUNG-FU STAR.

According to the Penal Law, evaluate the following statements.

1. Roger committed Robbery 1st Degree.
2. Roger committed Grand Larceny 2nd Degree.
3. Roger committed Criminal Possession of a Weapon 4th Degree.

A: All 3 are correct
B: Only #1 and #3 are correct
C: Only #2 and #3 are correct
D: Only #3 is correct

Answer 16

C: Re: #1, the threat was of FUTURE physical injury. This is Grand Larceny and not Robbery.

Question 17

If, in the last question, a records check disclosed that Roger had a felony conviction in New York State more than 10 years ago, then the weapons possession charge against him would be Criminal Possession of a Weapon in the

A: 4th Degree.
B: 3rd Degree.
C: 2nd Degree.
D: 1st Degree.

Answer 17

B: The KUNG-FU STAR is in the long list of Possession 4th Degree (Subd. 1) and a prior conviction of any crime will escalate the charge to 3rd Degree.

Question 18

Tondelayo has been convicted several times for Larceny. She is an accomplished shoplifter. She enters the A-B-C Department Store during business hours, reads a sign that says, “SHOPLIFTERS ARE NOT PERMITTED IN THIS STORE,” and then steals $1,000 worth of merchandise from a counter.

Based on the above, the statement below which is correct is:

A: Tondelayo committed Burglary.
B: Tondelayo was a trespasser
C: Tondelayo committed Grand Larceny.
D: Tondelayo committed Petit Larceny

Answer 18

D: Tondelayo committed Petit Larceny

Question 19

Roger is a get-away driver at a bank robbery. Tondelayo and George are armed with loaded firearms. Roger is not armed. Tondelayo and George succeed with the robbery and they flee from the scene with more than $50,000 in cash. They are driven from the scene by Roger, but Roger runs a red light, collides with another vehicle, and all three are arrested by pursuing police. A search incident to the arrest discloses that Roger is unarmed but is wearing a “body vest” with seven layers of bullet resistant material as prohibited by Section 270.20 of the Penal Law. George and Tondelayo are found to be in possession of loaded working firearms. The get-away vehicle belonged to Roger.

Based on the above, evaluate the following statements.
1. All 3 should be charged with Robbery 1st Degree.

2. All 3 should be charged with Criminal Possession of a Weapon 2nd
   Degree, a Class C Felony.
3. Roger should be charged with UNLAWFUL WEARING OF A BODY VEST.

A: Only #1 is correct
B: Only #1 and #3 are correct
C: All 3 are correct
D: Only #3 is correct

Answer 19

A: Re: #2, Roger is not presumed to possess the firearms possessed by George and Tondelayo.

Re: #3, Roger did not possess a firearm, rifle, or shotgun while wearing the body vest.

Question 20

Roger enters “George’s Bargain Basement” with intent to forcibly steal the day’s receipts from the store. At the time, Roger is armed with a dangerous knife which he doesn’t display. He says to the store clerk, “Give me all the money from the register or I will break your neck.” The clerk surrenders the money and Roger flees. He is caught by an off-duty police officer and when a search incident to the arrest is made, the officer finds the dangerous knife and the money from the store.

Based on the above, the most serious offense committed by Roger is

A: Robbery 3rd Degree.
B: Robbery 2nd Degree
C: Robbery 1st Degree.
D: Criminal Possession of a Weapon 3rd Degree.

Answer 20

A: The dangerous knife is not a deadly weapon. It could be a dangerous instrument but Roger didn’t display it or use it. He committed a basic Robbery 3rd Degree.

Question 21

Roger, age 17, enters a liquor store and asks the clerk for a bottle of wine. When she is about to give Roger the wine she says, “Let me see some proof of age.” With that Roger grabs the bottle, threatens the clerk with it, and says, “Give me all the money from the register.” The clerk ran to the rear of the store. Roger pursued her and hit her on the head with the bottle causing a physical injury. Roger emptied the register and fled from the store. The clerk notified the police who caught Roger running down the street. The police brought Roger back to the store in cuffs and the clerk identified him.

Based on the above, evaluate the following statement.

1. The show-up identification was invalid because Roger was handcuffed.
2. Roger committed Robbery 2nd Degree.
3. Roger committed Assault 2nd Degree.

A: All 3 are correct
B: Only #2 and #3 are correct
C: Only #1 and #3 are correct
D: Only #1 is correct

Answer 21

B: An argument could be made that the bottle was a DANGEROUS INSTRUMENT and thus, Robbery 1st Degree occurred. But Robbery 1st Degree wasn’t a choice.

Question 22

Roger entered a local stationery store as if to purchase some pencils. Instead, Roger tied up the store clerk and then stole all the money from the cash register. In all, Roger stole $1,100. As Roger exited the store he ran into an off-duty police officer who sized up the situation immediately. Under these circumstances, Roger should be charged with

A: Robbery 1st Degree since, when he tied the clerk up, it amounted to force.
B: Grand Larceny 4th Degree since there was no injury to the clerk and no weapons were used.
C: Robbery 3rd Degree since Roger’s conduct amounted to the forcible stealing of property.
D: Assault 3rd Degree and Robbery 2nd Degree.

Answer 22

C: Remember, all robberies require the element of force. See Section 160.00, Subd. 1 and Subd. 2 P.L. for the PURPOSE of the force.

Question 23

Roger’s neighbor, Jim, has a brand new HUMMER. Roger really wants to drive it, so one night, after Jim has gone to bed, Roger takes Jim’s Hummer to a teenage hangout to show how cool he is. One of Roger’s friends is a petty criminal and he cons Roger into using the vehicle to commit the crime of Grand Larceny 4th Degree. In addition to any other offenses, Roger has committed

A: Unauthorized Use of a Vehicle 1st Degree.
B: Unauthorized Use of a Vehicle 2nd Degree.
C: Unauthorized Use of a Vehicle 3rd Degree.
D: Larceny of the Hummer.

Answer 23

C: See 165.05 P.L. Remember, Grand Larceny 4th Degree is a Class E Felony. See also 165.06 P.L. and 165.08 P.L. The facts don’t say Roger STOLE the car so choice D is not the answer.

Question 24

Tondelayo moves out of her apartment and leases a larger one. When she moves in she discovers that the cable TV line is still connected and usable. She hooks her TV into the system and for 11 months gets free cable TV. If the cable company makes a criminal complaint against Tondelayo, the most appropriate charge should be

A: Larceny, based on the cost of the service rendered.
B: Theft of Services.
C: Fraudulent Accosting.
D: no offense since Tondelayo’s intent was not to steal the service.

Answer 24

B: See 165.15, Subd. 4 P.L. There is a presumption of intent in this case.

Question 25

Roger is called before a Grand Jury and he contumaciously and unlawfully refuses to be sworn as a witness. Based on this, Roger has committed

A: Criminal Contempt 1st Degree.
B: Criminal Contempt 2nd Degree.
C: Aggravated Criminal Contempt.
D: Criminal Contempt of the Legislature.

Answer 25

A: See 215.51 P.L. Note also that under certain circumstances VIOLATION of an ORDER OF PROTECTION can be either CRIMINAL CONTEMPT 2ND DEGREE (see 215.50 P.L., Subd. 3) or CRIMINAL CONTEMPT 1ST DEGREE (see 215.51. Subd. b P.L.). Furthermore, in the current question, if Roger agrees to be sworn but then unlawfully refuses to answer proper questions, it is also the 1st Degree offense.

Question 26

The definition of SCHOOL GROUNDS re: sale of controlled substances contains a reference to “…within 1,000 feet of the real property boundary line…” An addition to the definition of “school grounds” added in 2006 was

A: a school bus.
B: any area accessible to the public.
C: a parked automobile
D: any structure.

Answer 26

A: The other mentioned choices are already in the definition if they are within the 1,000 feet.

Question 27

Roger is very annoyed at Tondelayo and just to prevent her from getting a good night’s sleep, he stands outside her bedroom window with a very high powered flood light which he uses to completely light up the bedroom. Tondelayo calls police and they catch Roger with the flood light in his hand. The most appropriate charge against Roger should be

A: Disorderly Conduct.
B: Harassment 2nd Degree.
C: Harassment 1st Degree.
D: Aggravated Harassment 2nd Degree.

Answer 27

B: See 240.26, Subd. 3 P.L. And it would be the same charge if he kept ringing her doorbell all night.

Question 28

Which of the following offenses against public order is punishable as a Class A Misdemeanor?

A: Riot 1st Degree
B: Unlawful Assembly
C: Criminal Anarchy
D: Riot 2nd Degree

Answer 28

D: See 240.05 P.L.

Question 29

According to the Criminal Procedure Law, the person listed below who is not considered to be a POLICE OFFICER is

A: a D.A.’s Investigator.
B: a sworn officer of the Division of Law Enforcement in the Department of Environmental Conservation
C: the Long Island Railroad Police
D: a New York City Sheriff. _____

Answer 29

D: See 1.20, Subd. 34 C.P.L.

Question 30

Roger has been a City Council member in Yonkers for ten years. On October 10, 2007 Roger committed the crime of Bribe Receiving in connection with his duties as a Council member. Roger did not win re-election in November, 2007, and his last day on the job was 12/31/07. If Roger is to be prosecuted for the Bribe Receiving, a Class D Felony, such prosecution must commence no later than

A: 10/10/2017.
B: 12/31/2012.
C: 12/31/2017.
D: 10/10/2012.

Answer 30

B: This could be a problem question. The LAW says that a public servant may be prosecuted re: misconduct in his office:
1. for as long as he remains a public servant,
OR
2. up until 5 years after he ceases to be a public servant,
– BUT –
in no event may the period of limitation be extended by more than 5 years beyond the original limitation. In a prior question more than 20 years ago the answer was given as 10 years from the time the offense was committed. That is NOT consistent with what the law is in Article 30 C.P.L.

Question 31

Roger knowingly and unlawfully enters a jewelry store intending to steal. A passing police car scares him and he leaves without stealing anything. While in the store Roger blew his nose into a paper napkin. He left the napkin behind in the store. His DNA was determined and recorded. All of this took place on March 17, 2008. Some time later Roger is arrested for a sex offense and his DNA matches up to the DNA found in the jewelry store.

Based on the above, the latest point in time at which Roger may be prosecuted for the jewelry store burglary is

A: 3/17/2013.
B: 3/17/2015.
C: 3/17/2007.
D: 10/10/2012.

Answer 31

A: It was a burglary. Burglary is a felony. The Statute of Limitations is 5 years.

Question 32

Tondelayo is 16 years of age and is a mentally disabled person. Roger, an 18 year old neighbor, talked her into having sexual intercourse with him. Tondelayo wanted her normal 8-1/2 year old sister to watch. The sister told Tondelayo’s mother about it and Roger was arrested and charged with Rape 2nd Degree. Roger denied all the allegations and the case went to trial.

Re: Tondelayo and her sister, who could be allowed to testify (under oath) at Roger’s trial?

A: Tondelayo and her sister
B: Neither Tondelayo nor her sister
C: Tondelayo but not her sister
D: Her sister but not Tondelayo

Answer 32

A: See 60.20, Subd. 1 and Subd. 2 C.P.L. Even though Tondelayo is mentally disabled, and even though her sister is less than 9, if the court is satisfied that they understand the nature of an oath, they can give sworn testimony. In Tondelayo’s case (more than 9), she must testify under oath unless the court determines she cannot understand the nature of an oath. In that case, the witness can give UNSWORN EVIDENCE which needs CORROBORATION to convict.

Question 33

Roger is a mildly retarded man who is 25 years old. He enters the police station, approaches the Desk Officer and says, “I confess to committing the murder that occurred last night in Tibbets Brook Park.” As a matter of fact, such a murder occurred and was presently under investigation. Roger’s confession is

A: inadmissible without further evidence connecting him to the murder.
B: not admissible because he is mentally disabled.
C: admissible if a competent court appointed psychiatrist attests to Roger’s competence.
D: is admissible based on the facts as given.

Answer 33

D: See 60.50 C.P.L.

Question 34

Which of the following is not a local criminal court accusatory instrument?

 A: An Information
 B: A Prosecutor's Information
 C: A Misdemeanor Complaint
 D: A Felony Complaint
 E: An Indictment for a misdemeanor

Answer 34

E: An INDICTMENT is a Superior Court Accusatory Instrument.

Question 35

Which of the following local criminal court accusatory instruments does not always commence a criminal proceeding?

A: An Information
B: A Prosecutor’s Information
C: A Simplified Information
D: A Felony Complaint

Answer 35

B: Look at what a PROSECUTOR’S INFORMATION can do. See 100.10, Subd. 3 C.P.L. It can always be used to PROSECUTE, but it COMMENCES the proceeding only where it results from a grand jury direction issued in a case not previously commenced in a local criminal court.

Question 36

Re: a FELONY COMPLAINT, which of the following is not correct?

A: It is a VERIFIED written accusation
B: It can be used to commence a criminal proceeding.
C: It can be used to prosecute the felony named therein.
D: It may charge more than one felony

Answer 36

C: A FELONY can only be prosecuted in a Superior Court, and a FELONY COMPLAINT is a Local Criminal Court Accusatory Instrument.

Question 37

Which of the following is not an accusatory instrument as per the Criminal Procedure Law?

A: A Prosecutor’s Information
B: A Simplified Traffic Information
C: An Appearance Ticket
D: A Felony Complaint

Answer 37

C: An Appearance Ticket

Question 38

A PROSECUTION for an offense can never be commenced on the basis of a

A: Prosecutor’s Information.
B: Indictment.
C: Felony Complaint.
D: Misdemeanor Complaint.

Answer 38

C: Note the use of the word PROSECUTION. A FELONY COMPLAINT is a Local Criminal Court Accusatory Instrument.

Question 39

When a Warrant of Arrest is issued by a local criminal court, sometimes the identity of the wanted person becomes an issue. Which of the following cannot be used to establish the identity

A: The name of the person
B: Any name by which the person may be reasonably identified
C: Any name or description by which the person may be reasonably identified
D: The use of “Jane Doe” or “John Doe” if the person’s true name is not known.

Answer 39

D: There is no such thing as a “JOHN/JANE DOE” WARRANT. “John Doe, M - W - 5’4” - 280 pounds, AKA SKINNY” is probably OK.

Question 40

You are a Detective in Nassau County and you are properly delegated to execute a Misdemeanor Warrant of Arrest by a Detective in Dutchess County which does not adjoin Nassau County. You can retain custody of the defendant for what period of time before delivering him to the Dutchess County Detective?

A: 2 hours
B: 8 hours
C: 12 hours
D: 24 hours

Answer 40

A: 2 hours

Question 41

Because the Warrant of Arrest in the last question was delegated from Dutchess County to Nassau County, which is beyond an adjoining county to Dutchess, the issuing court could have been which of the following?

1. A District Court in Nassau
2. A Superior Court Judge sitting as a local criminal court in Dutchess
3. A Town Court in Dutchess County
4. A local criminal court in Westchester County

A: Any of the 4
B: #1, #2 or #3 but not #4
C: #1 or #2 but not #3 or #4
D: Only #2 _____

Answer 41

D: Only #2 _____

Question 42

The only persons to whom a SEARCH WARRANT may be addressed are

A: police officers whose G.A.O.E. covers in whole or in part the county of issuance.
B: sworn peace officers.
C: Warrant or Parole Officers as well as Police Officers.
D: only police officers whose G.A.O.E. covers the entire county or police a city wholly contained within a county

Answer 42

A: See 120.20 C.P.L.

Question 43

Evaluate the following statements. Unless otherwise provided by the C.P.L.,

1. a prosecution for a Class A Felony may be commenced at any time, but a prosecution for any other felony must be commenced within 5 years after the commission thereof.
2. a prosecution for a Misdemeanor must be commenced within 3 years after the commission thereof.
3. a prosecution for a Petty Offense must be commenced within 2 years after the commission thereof.

A: All 3 statements are correct
B: None of the statements is correct
C: #1 and #3 are correct but #2 is incorrect
D: #1 and #2 are correct but #3 is incorrect

Answer 43

B: Petty Offenses = 1 year; some Article 490 C.P.L. Terror Felonies have 8 years, and some 1st Degree Sex Felonies have no limit

Question 44

On April 24, 2008, Roger enters a department store intending to steal. He conceals himself in the store until after closing and then looks for a particular video computer game that he wants to steal. Before he finds the game, a passing police car makes him apprehensive and he leaves the store without stealing anything.

Consider the following statements which may or may not be correct.
1. Roger has committed Burglary 3rd Degree.

2. The latest point in time at which a criminal prosecution against Roger could successfully be commenced for this offense is 4/24/13 (assuming no extenuating circumstances).
3. Roger’s entry into the department store was unlawful since he entered with intent to steal.

Based on the provisions of the Penal Law and the Criminal Procedure Law, which of the following most accurately describes the above statements?

A: All 3 are correct
B: #1 is correct; #2 and #3 are not
C: #1 and #2 are correct; #3 is not
D: #1 and #3 are correct; #2 is not

Answer 44

C: The burglary was completed when Roger unlawfully REMAINED with intent to commit a crime in the store. His initial entry was lawful since the store was obviously open when he entered. Burglary is a felony, and the statute of limitations for a felony is 5 years, ordinarily.

Question 45

With respect to a Family Court Warrant of Arrest, consider the following statements which may or may not be correct.

1. It may be executed at any hour of the day.
2. The executing officer must have it in his possession and must show it to the named subject if asked.
3. In order to execute such warrant a police officer may enter premises without giving notice if he reasonably believes the subject may escape if notice is given.

The choice below which most accurately describes the above statements is

A: #1, #2 and #3 are correct.
B: #1 is correct but #2 and #3 are not.
C: #2 and #3 are correct but #1 is not
D: #1 and #3 are correct but #2 is not.

Answer 45

B: Generally, the rules are the same as with a Criminal Court Warrant, except that you MUST knock to execute a Family Court Warrant.

Question 46

After the arrest of a person pursuant to a Family Court Warrant, a Desk Officer in charge at a police station in Yonkers may

A: take cash bail from the person for appearance before the Family Court the next morning.
B: if the arrest is made between 11:00 AM and 8:00 AM the next morning, take cash bail if authorized in the warrant for the person’s appearance before the Family Court the next morning.
C: take cash bail in a proper case as per the bail provisions of the C.P.L
D: not admit the arrested person to bail

Answer 46

B: The amount of bail will be stated in the warrant

Question 47

The presentation of a valid copy of an Order of Protection to a police officer shall

A: constitute authority for the officer to arrest the person charged with violating the terms of such order.
B: authorize the police officer to issue an Appearance Ticket to the person names therein.
C: in no way authorize an arrest of the person named therein unless a crime is alleged to have been committed.
D: constitute authority to make an arrest provided an offense which violates the order took place in the officer’s presence.

Answer 47

A: Provided, of course, he has R.C.T.B. it was violated.

Question 48

According to the Family Court Act, when a police officer takes a person under 16 into custody he must

A: advise him of his Miranda warnings.
B: immediately notify the child’s parents or other person legally responsible for the child’s care, or the person with whom the child resides, that the child has been taken into custody.
C: release the child by way of a Family Court Appearance Ticket to the child’s parent.
D: bring the child directly to the Family Court if it is in session.

Answer 48

B: Be careful here. Don’t get snookered into choosing A.

Question 49

When a child under 16 is taken into custody by a police officer, and the officer determines that questioning of the child is necessary, the officer should

A: give the child Miranda warnings at the first opportunity.
B: take the child to a place designated as suitable for the questioning of children or, with parent’s consent, to child’s residence and there question him for a reasonable period of time.
C: take the child to a place certified as a facility for the reception of children.
D: question the child only if he is alleged to have committed a designated felony act.

Answer 49

B: But, Miranda must be handled properly prior to any interrogation.

Question 50

If a child under 16 is arrested by police and charged with committing a designated felony act, and if questioning is not necessary, the officer should

A: take the child directly to Family Court in the county.
B: release the child upon properly distributed Appearance Ticket.
C: take the child to a place certified as a juvenile detention facility for the reception of children if Family Court is not in session.
D: if Family Court is not in session, release the child upon a properly distributed Family Court Appearance Ticket in the absence of special circumstances.

Answer 50

D: Remember, a DESIGNATED FELONY does not preclude the issuance of an APPEARANCE TICKET.

Question 51

A police officer, by virtue of his office, may originate which of the following procedures?

1. Juvenile Delinquency
2. Person In Need of Supervision
3. Family Offense
4. Child Protective

A: #1, #2, #3 and #4
B: #2 and #3 but not #1 and #4
C: #2, #3 and #4 but not #1
D: #2 and #4 but not #1 and #3

Answer 51

B: Don’t miss this one.

Question 52

With respect to “Family Offenses” under Article 8 of the Family Court Act, the statement below which is not correct is:

A: A Family Court proceeding is a civil proceeding.
B: A proceeding in the Criminal Court is for the purpose of prosecution of the offender and can result in his criminal conviction.
C: There is concurrent jurisdiction with respect to all family offenses in Family Court and Criminal Court.
D: “Family offenses” may only occur between spouses, parent and child, or members of the same family or household.
E: The definition of “member of the same family or household” in the Family Court Act is the same as the one that appears in the Criminal Procedure Law.

Answer 52

C: NOT if the respondent (bad guy) is under 16 and is a J.D.

Question 53

Which of the following offenses are “family offenses” when they occur between or among the proper parties?

1. Assault 1st Degree
2. Attempted Assault 1st Degree
3. Harassment
4. Disorderly Conduct not committed in a public place

A: #1, #2, #3 and #4
B: #2 and #3 but not #1 and #4
C: #2, #3 and #4 but not #1
D: #1, #2 and #3 but not #4

Answer 53

C: Code word = HARMS-SAD-SACTS
H = HARASSMENT 1ST OR 2ND
A = AGGRAVATED HARASSMENT 2ND
R = RECKLESS ENDANGERMENT
M = MENACING 2ND OR 3RD
S = STALKING

• S = SEXUAL MISCONDUCT
  A = ASSAULT 2ND OR 3RD
  D = DISORDERLY CONDUCT

* S = SEXUAL ABUSE 3RD (AND 2ND, SUBD. 1)
A = ATTEMPTED ASSAULT
C = CRIMINAL MISCHIEF
* T = TOUCHING (FORCIBLE)
* S = STRANGLING OR OBSTRUCTION
* ADDED 2010

Question 54

Based on the provisions of Article 8 of the Family Court Act, the statement below which is not correct is:

A: A Family Court proceeding re: a “family offense” is initiated at the time an accusatory instrument is filed or at the time a Family Court Petition is filed.
B: The usual time within which the choice of court becomes final is 48 hours after filing a petition or accusatory instrument.
C: An arrest is not a requirement for commencing a Family Offense Proceeding either in the Family Court or Criminal Court.
D: Police officers should not discourage a person from filing a petition or signing a complaint re: a family offense.

Answer 54

B: No such time period in the law.

Question 55

P.O. Mullins is sent to investigate a report of an abused or neglected child at a residence in East Fishkill. Upon arrival thereat, P.O. Mullins finds an infant child, unconscious, maltreated, and suffering from signs of starvation. The child is alone in the apartment and neighbors inform Mullins that the child’s parents, a young man and woman, left the day before carrying luggage. Their whereabouts and destination were unknown.

Under these circumstances, P.O. Mullins is authorized or required to do all of the following, except

A: remove the child from the premises without consent of parents.
B: attach a notice to the residence door advising parents of the child’s removal and of their right to such child’s return.
C: within 24 hours mail a copy of the above notice to parents at last known place of residence
D: seek a Court Order for the removal of the child.

Answer 55

D: Police can’t get such an order; only those persons who can ORIGINATE proceedings can get such an order.