NY BAR REVIEW 21

Question 1

offense

Answer 1

conduct for which a penal sentence is provided by state or local law or by an order, rule, regulation of any govtl instrumentality.

Question 2

crime

Answer 2

misdemeanor and felony

Question 3

traffic infraction

Answer 3

offenses designated by the vehicle and traffic law

Question 4

violation

Answer 4

offenses other than traffic infraction which are punishable by no more than 15 days imprisonment

Question 5

misdemeanor

Answer 5

offense other than traffic infraction for which prison sentence exceeds 15 days but cannot be in excess of 1 year

Question 6

felony

Answer 6

offenses for which death or a prison sentence of more than 1 year may be imposed

Question 7

strict liability offense

Answer 7

knowledge of weight of controlled substance is not an element of the offense. defendant is strictly liable for the weight. only knowledge of the nature of the substance is required.

Question 8

accomplice

Answer 8

when a principal engages in conduct that constitutes an offense, a person is criminally liable for the principal’s conduct when, with the mental culpability required for the offense, he solicits, requests, commands, importunes, or intentionally aids the principal to engage in such conduct.

Question 9

criminal facilitation

Answer 9

facilitator has knowingly aided in the commission of a crime but his culpability doesnt reach accomplice level. facilitator need only believe that it was probable that he was rendering aid. conduct alleged must have aided in the commission of the object felony. facilitator may not be convicted on uncorroborated testimony of the person facilitated.

Question 10

affirmative defense exists for facilitator who does what?

Answer 10

takes steps to prevent felony.

Question 11

withdrawal

Answer 11

affirmative defense to accomplice liability for substantive offense other than attempt, if accomplice-
voluntarily and completely renounces criminal purpose, withdraws prior to commission of offense, makes a substantial effort to prevent the crime.

Question 12

factors not constituting a defense

Answer 12

accomplice is NOT absolved of liability-
by defenses of principal, by failure of state to prosecute principal, if offense is defined so that the accomplice could not commit the offense in an individual capacity

Question 13

corroboration

Answer 13

person may NOT be convicted solely upon uncorroborated testimony of an accomplice, except in police disciplinary hearing

Question 14

separate offense

Answer 14

solicitation is a separate offense, independent of substantive crime committed. conduct that is necessarily incidental to the commission of the crime is not solicitation, such as, receiving a bribe. soliciting a minor to commit a crime is not necessarily incidental to and is a separate crime from endangering the welfare of a minor.

Question 15

degrees of solicitation- 5th degree?

Answer 15

with the intent that another person engages in conduct constituting a crime, one solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such criminal conduct.

Question 16

degrees of solicitation- 4th degree?

Answer 16

conduct urged is a felony, or where defendant is over 18, other person is under 16, and conduct urged is a crime

Question 17

degrees of solicitation- 3rd degree?

Answer 17

defendant is over 18, other person is under 16, and conduct urged is a felony.

Question 18

degrees of solicitation- 2nd degree?

Answer 18

conduct urged is class a felony

Question 19

degrees of solicitation- 1st degree?

Answer 19

defendant is over 18, other person is under 16, and conduct urged is a class a felony

Question 20

withdrawal as a defense to solicitation and conspiracy

Answer 20

withdrawal = affirmative defense to solicitation and conspiracy if def voluntarily and completely renounced and prevented commission of object crime.
if object crime doesnt occur, def has a defense to anticipatory crimes only if his efforts prevented the commission of the object crime.

Question 21

corroboration

Answer 21

defendant may be convicted upon testimony of persons solicited. if person solicited qualifies as accomplice, accomplice rules apply

Question 22

degrees of conspiracy

Answer 22

6, determined by seriousness of contemplated conduct and age of co-conspirators

Question 23

6th degree conspiracy

Answer 23

same as 5th deg solicitation

Question 24

5th degree conspiracy

Answer 24

same as 4th deg solicitation

Question 25

4th degree conspiracy

Answer 25

conduct urged is a class b or c felony, or where defendant is over 18, the other person is under 16, and conduct urged is a felony

Question 26

3rd degree conspiracy

Answer 26

def is over 18, other person is under 16, and conduct urged is a class b or c felony

Question 27

2nd degree conspiracy

Answer 27

same as 2nd deg solicitation

Question 28

1st degree conspiracy

Answer 28

same as 1st deg solicitation

Question 29

agreement required- unilateral, Model Penal Code approach / NY

Answer 29

single def may be convicted of conspiracy. no defense to conspiracy charge based on co-conspirator’s irresponsibility, incapacity, failure to have the requisite culpability for a crime. you can conspire with a police officer.

Question 30

luiability of 1 conspirator for crimes committed by other conspirators

Answer 30

no vicarious liability for 1 who merely conspires and doesnt participate in committing the offense

Question 31

corroboration

Answer 31

def may NOT be convicted upon uncorroborated testimony of a co-conspirator

Question 32

overt act requirement

Answer 32

def must commit act in furtherance of the crime that comes dangerously near to completing the crime

Question 33

degrees of attempt

Answer 33

attempt is graded 1 step below completed crime. attempted murder in 1st deg and criminal possession or sale of a controlled substance in 1st deg, attempt is classified as grade A-1 felony, equal to substantive offense.

Question 34

defenses to liability for attempt - abandonment

Answer 34

affirmative defense to attempt. def must manifest a voluntary and complete renunciation of his actions and avoid commission of object crime by abandoning criminal effort. if these actions dont avoid the crime, then def must take affirmative steps that prevent commission thereof.

Question 35

defenses and affirmative defenses

Answer 35

defenses and affirmative defenses are created by statute. defense must be disproved by prosecution beyond reasonable doubt. affirmative defense must be raised and proved by def by preponderance of the evidence.

Question 36

affirmative defenses

Answer 36

insanity, extreme emotional disturbance, entrapment, duress

Question 37

formulations of insanity defense

Answer 37

NY is more lenient than the mnaghten rule, but not as generous as the mpc standard.
person is not criminally responsible for conduct if at time of conduct, as a result of mental diseas or defect, lacked substantial capacity to know or appreciate nature and consequence of such conduct, or such conduct was wrong. once raised, def may not refuse to submit to an examination by prosecution’s psychiatrist on 5th amm grounds.

Question 38

diminished capacity

Answer 38

NO SUCH DEFENSE IN NY!!

Question 39

modern infancy statutes and juvenile delinquency

Answer 39

infancy is a defense subject to exceptions-
age 13,14,15 may be prosecuted for 2nd deg murder.
age 14,15 responsible for serious offenses ag persons, property, and many offenses in the 1st and 2nd deg, attempted 2nd deg murder, attempted 1st deg kidnapping.
def who commits crime - misdemeanor or felony, is exclusively subject to family court jurisdiction as juvenile delinquent if is over age 7 but under age 16.