New York Criminal Law Distinctions Flashcards
Source of New York Criminal law
NY Penal Code
Affirmative Defense Burden of Proof
D must prove by a preponderance of the evidence
NY Mental States
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
Assault in NY
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
Year and a day rule in NY
Abolished
Felony murder in NY
BRAKES
Non-slayer Defense
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
First Degree Murder
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
Second Degree Murder
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)
First-degree manslaughter
1) Intentional killing committed under influence of extreme emotional disturbance (affirmative defense)
2) Intent to cause serious physical injury
Second-degree manslaughter
Reckless killing
Criminally negligent homicide
Defendant should have been aware of substantial and unjustifiable risk
Aggravated homicide
Unclear
Unlawful imprisonment
Second degree- Unlawfully restraining someone without their consent with knowledge the restriction is unlawful
First degree- Second degree plus risk of serious physical injury
Kidnapping
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
Age of consent for sexual intercourse
17
Rape in NY
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)
In NY, does underlying felony require conviction for felony murder?
Not necessary if sufficient evidence to support that D committed or attempted to commit an enumerated felony
Larceny
Any crime that would be larceny, embezzlement, false pretenses, or larceny by trick
Degrees of larceny
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
Robbery in NY
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
Burglary in NY
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)
Arson in NY
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
Criminal possession of gun in NY
Requires gun be loaded and operable
Mental state for accomplice liability (NY)
Accomplice needs to intend to aid conduct and mental state required for the underlying crime
Criminal facilitation
Knowledge (rather than intent) for accomplice
Renunciation for accomplice
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
Corroboration
Person may not be convicted solely based on uncorroborated testimony of an accomplice or co-conspirator
Hindering prosecution
Statutory label for accomplice after the fact
Which approach to conspiracy does NY take?
Unilateral
Does NY follow the Wharton rule?
Yes
Does New York recognize Pinkerton doctrine?
No
What test does NY use for attempt?
Proximity test- Must get dangerously close to commission of the crime
What type of impossibility is a defense in NY
None. Not even legal impossibility
Withdrawal for inchoate offenses
D must sincerely renounce criminal purpose and prevent the substantive offense from being committed (must have prevented it personally)
Which crimes merge in NY?
Only attempt merges with the completed crime
Insanity in NY
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
Voluntary intoxication in NY
Can be a defense to intent and knowledge crimes
Mistake of fact
Unreasonable mistake negates crimes of purpose, knowledge, or recklessness
Reasonable mistake negates crime of negligence
In what situations will NY permit the use of deadly force for an initial aggressor?
Only if he withdraws and communicates it. Does not recognize the sudden escalation exception
Can duress be used as an excuse for homicide?
Yes, in NY
Criminal mischeif
Reckless or intentional damage of the personal property of another without reasonable belief in the right to do so
Entrapment
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
