NY BAR REVIEW 23

Question 1

2nd deg murder

Answer 1

intentional, highly reckless, felony

Question 2

2nd deg murder / felony murder

Answer 2

all participants may be convicted of felony murder. enumerated felonies are - burglary, robbery, arson, kidnapping, 1st deg rape or criminal sexual act, sexual abuse, aggravated sexual abuse, 1st and 2nd deg escape

Question 3

limitations on liability, guilty of underlying felony

Answer 3

felony murder conviction is possible even if underlying felony is dismissed, def is acquitted, or charge is not submitted to jury, where there is sufficient evidence to support conclusion that the def committeed or attempted to commit an enumerated felony

Question 4

limitations on liability - infancy

Answer 4

no liability for participants under 13

Question 5

limitations on liability - special accomplice defense

Answer 5

accomplice has affirmative defense to felony murder charge if didnt commit or aid in commission of homicidal act, wasnt armed w deadly weapon or substance, had no reasonable grounds to believe others were armed w deadly weapons or substances, and had no reason to believe any participant intended to engage in conduct likely to result in death. def is still responsible for underlying felony. we are to examine each party’s participation to ascertain whether has a defense to the underlying felony

Question 6

causation / year and a day rule

Answer 6

NY doesnt follow this!!

death can occur anytime