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Criminal Law and Procedure > New York Criminal Law Distinctions > Flashcards

New York Criminal Law Distinctions Flashcards

1
Q

Source of New York Criminal law

A

NY Penal Code

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2
Q

Affirmative Defense Burden of Proof

A

D must prove by a preponderance of the evidence

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3
Q

NY Mental States

A

1) Intentionally- Conscious object
2) Knowing- substantially certain
3) Reckless- Conscious disregard of substantial and unjustifiable risk
4) Negligently- Should have been aware of a substantial and unjustifiable risk
5) Strict liability

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4
Q

Assault in NY

A

Intentionally causing physical injury to another
Third degree- intentionally causing non-serious physical injury
Second degree- Intentionally causing serious physical injury
First degree- second degree plus a weapo

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5
Q

Year and a day rule in NY

A

Abolished

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6
Q

Felony murder in NY

A

BRAKES

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7
Q

Non-slayer Defense

A

1) D did not kill the victim
2) D was not armed
3) D did not have reason to know that co-felon was armed
4) D did not have reason to know co-felons would do something resulting in death

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8
Q

First Degree Murder

A

Intent to kill and D is more than 18 years old with one aggravating factor

1) Victim is on-duty cop
2) D committed murder for hire
3) Witness intimidation
4) More than one victim intentionally killed
5) Felony murder with intentional death

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9
Q

Second Degree Murder

A

1) Intentional murder that doesn’t qualify for first degree
2) Felony murder where unintentional killing
3) Depraved indifference murder (look for multiple victims or torture)

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10
Q

First-degree manslaughter

A

1) Intentional killing committed under influence of extreme emotional disturbance (affirmative defense)
2) Intent to cause serious physical injury

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11
Q

Second-degree manslaughter

A

Reckless killing

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12
Q

Criminally negligent homicide

A

Defendant should have been aware of substantial and unjustifiable risk

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13
Q

Aggravated homicide

A

Unclear

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14
Q

Unlawful imprisonment

A

Second degree- Unlawfully restraining someone without their consent with knowledge the restriction is unlawful

First degree- Second degree plus risk of serious physical injury

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15
Q

Kidnapping

A

Second degree- Abducting someone

First degree- Second degree plus (1) ransom (2) restraint of the victim for more than 12 hours with intent to rape, injure or rob (3) death of victim

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16
Q

Age of consent for sexual intercourse

A

17

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17
Q

Rape in NY

A

3rd Degree- Victim 16, D at least 21
2nd degree- Victim 14, D is at least 18
1st degree- Forcible compulsion (also some age rules but they’re messed up)

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18
Q

In NY, does underlying felony require conviction for felony murder?

A

Not necessary if sufficient evidence to support that D committed or attempted to commit an enumerated felony

19
Q

Larceny

A

Any crime that would be larceny, embezzlement, false pretenses, or larceny by trick

20
Q

Degrees of larceny

A 
1st degree- More than $1 million
2nd degree- More than $50,000
3rd degree- More than $3,000
4th degree- More than $1000
Petit larceny- lesser amounts
21
Q

Robbery in NY

A

3rd degree- Forcible stealing

2nd degree- 3rd degree plus (1) D is aided by another actually present (2) victim is injured (3) car is stolen

1st degree- Third degree plus (1) victim seriously injured (2) D displays firearm

22
Q

Burglary in NY

A

3rd degree- entering or remaining in a building to commit a crime

2nd degree- 3rd degree plus (1) building is a dwelling (2) D injured non-participant (3) D is armed

1st degree- Burglary of a dwelling with other aggravating factor (injury or armed)

23
Q

Arson in NY

A

4th degree- reckless burning of a building
3rd degree- intentional burning of a building
2nd degree 3rd degree plus D knows or should have known there was someone inside
1st degree- 2nd degree plus use of incendiary or explosive device

24
Q

Criminal possession of gun in NY

A

Requires gun be loaded and operable

25
Q

Mental state for accomplice liability (NY)

A

Accomplice needs to intend to aid conduct and mental state required for the underlying crime

26
Q

Criminal facilitation

A

Knowledge (rather than intent) for accomplice

27
Q

Renunciation for accomplice

A

Affirmative defense to accomplice liability where:

1) Voluntary and complete renunciation of criminal purpose
2) Withdraws prior to commission of offense
3) Makes substantial effort to prevent the crime

28
Q

Corroboration

A

Person may not be convicted solely based on uncorroborated testimony of an accomplice or co-conspirator

29
Q

Hindering prosecution

A

Statutory label for accomplice after the fact

30
Q

Which approach to conspiracy does NY take?

A

Unilateral

31
Q

Does NY follow the Wharton rule?

A

Yes

32
Q

Does New York recognize Pinkerton doctrine?

A

No

33
Q

What test does NY use for attempt?

A

Proximity test- Must get dangerously close to commission of the crime

34
Q

What type of impossibility is a defense in NY

A

None. Not even legal impossibility

35
Q

Withdrawal for inchoate offenses

A

D must sincerely renounce criminal purpose and prevent the substantive offense from being committed (must have prevented it personally)

36
Q

Which crimes merge in NY?

A

Only attempt merges with the completed crime

37
Q

Insanity in NY

A

D must prove he lacked the substantial capacity to either

1) understand the nature/consequences of his act OR
2) appreciate the wrongfulness of his conduct

38
Q

Voluntary intoxication in NY

A

Can be a defense to intent and knowledge crimes

39
Q

Mistake of fact

A

Unreasonable mistake negates crimes of purpose, knowledge, or recklessness

Reasonable mistake negates crime of negligence

40
Q

In what situations will NY permit the use of deadly force for an initial aggressor?

A

Only if he withdraws and communicates it. Does not recognize the sudden escalation exception

41
Q

Can duress be used as an excuse for homicide?

A

Yes, in NY

42
Q

Criminal mischeif

A

Reckless or intentional damage of the personal property of another without reasonable belief in the right to do so

43
Q

Entrapment

A

D is entitled to entrapment charge if a reasonable view of the evidence supports the charge, even if D’s testimony is inconsistent with and denies the charge

Criminal Law and Procedure (3 decks)

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