NY BAR REVIEW 24

Question 1

1st deg manslaughter

Answer 1

intentionally causing serious bodily harm resulting in death

Question 2

1st deg manslaughter

Answer 2

extreme emotional disturbance / heat of passion.
homicide committed under influence of extreme emotional disturbance reducing murder to 1st deg manslaughter.
def must raise and prove affirmative def by showing that def acted under influence of extreme emotional disturbance for which there was reasonable explanation or excuse, reasonableness of which is to be determined from viewpoint of person in def's situation under circumstances as def believed them to be

Question 3

1st deg manslaughter

Answer 3

unjustifiable abortional act, where person performs abortional act, including drug admin, upon female pregnant for more than 24 weeks and that act causes death of female

Question 4

2nd deg manslaughter

Answer 4

reckless, abortional act, aid in suicide

Question 5

reckless / 2nd deg manslaughter

Answer 5

conscious disregard of substl risk causing death of another person. intoxication is NOT a defense.

Question 6

abortional act / 2nd deg manslaughter

Answer 6

where person commits abortional act upon female which causes her death, unless such act is justifiable by statute

Question 7

aiding suicide / 2nd deg manslaughter

Answer 7

if def used duress or deception on victime, then qualifies as 2nd deg murder

Question 8

vehicular assault and vehicular homicide

Answer 8

causes injury or death while driving while intoxicated.

Question 9

DWI

Answer 9

driving while intoxicated.
driving while impaired by alcohol with blood alcohol concentration of 0.08 or 0.18 for certain crimes, while intoxicated, while impaired by drugs, or drugs and alcohol. refusal to submit to chemical test results in driver’s license suspension. under 21 may NOT drive after drinking any quantity of alcohol

Question 10

intoxication by court of appeals involves what?

Answer 10

disorientation caused by drinking alcohol only.

Question 11

drug induced intoxication

Answer 11

cannot be charged under iii above.

Question 12

driving while impaired by drugs, statute requires what?

Answer 12

drug to appear on schedule of controlled substances. if not, def cannot be charged under iv above. charge of criminally negligent homicide may still be possible

Question 13

impairment v. intoxication according to ct of appeals?

Answer 13

impairment - person’s physical and mental abilities to properly operate a vehicle have been impaired to any extent by voluntary consumption of alcohol.
intoxication- person is so impaired that is incapable of employing physical and mental abilities to operate a vehicle.

Question 14

2nd deg vehicular assault

Answer 14

person operates motor vehicle in violation of DWI laws and as result operates motor vehicle in manner that causes serious physical injury to another, guilty of such.

Question 15

if its established that driver caused serious physical injury while unlawfully intoxicated or impaired by alcohol or drug, rebuttable presumption that what?

Answer 15

person did so as result of being intoxicated or impaired

Question 16

1st deg vehicular assault

Answer 16

person must have bac of 0.18 or more, know or have reason to know that license was suspended or revoked for dwi offense or refusal to submit to chemical test, suspensions or revocations in other jurisdictions count, had a pervious dwi conviction within past 10 years, convictions in other states count, cause serious physical injury to more than one person, have been previously convicted of vehicular assault or some other sort of vehicular homicide, convictions in other states count, or commits such crime while operating motor vehicle while child whos 15 y of age or younger is a passenger, and child suffers a serious injury. there is a similar rebuttable presumption.

Question 17

aggravated vehicular assault

Answer 17

must show person drove recklessly. there is a similar rebuttable presumption.

Question 18

vehicular manslaughter and homicide

Answer 18

death must result.

Question 19

vehicular manslaughter 1st deg

Answer 19

victim is killed and 1 of six aggravating circumstances exist. similar rebuttable presumptions exist.
can occur when death of more than 1 person is caused.

Question 20

aggravated vehicular manslaughter

Answer 20

can occur when death of 1 person and serious physical injury of another are caused. 2 deaths, although sufficient to constitute aggravated vehicular homicide if other conditions are met, are not necessarily required.