NY Crim distinctions

Question 1

Re expectation of privacy, passengers in cars can challenge:

Answer 1

possession of weapons if possession is attributed to them

Question 2

Search and seizure pursuant to a warrant: Aguilar-Spinelli test for evaluating probable cause

Answer 2

When applying for a search warrant, the government must establish two things:

a) the informant’s reliability or veracity; and
b) his or her basis of knowledge. When the informant has not revealed his basis of knowledge, probable cause may be established through police observation that confirms sufficient detail suggestive of, or directly related to, the criminal activity in question.

Question 3

effect of ‘good faith’ on a warrant that is invalid due to the absence of probable cause or particularity

Answer 3

good faith does NOT save the defective warrant

Question 4

warrantless search incident to arrest: for an officer to search containers within the wingspan,

Answer 4

he must suspect that the arrestee is armed

Question 5

Non-Slayer Defense - elements

Answer 5

(a) The defendant did not KILL the victim;
(b) The defendant did not have a DEADLY WEAPON;
(c) The defendant had no reason to believe that his CO-FELONS had deadly weapons; and
(d) The defendant had no reason to believe that his co-felons intended to do anything that was likely to result in DEATH.

Question 6

NY approach to conspiracy

Answer 6

unilateral: a defendant may be guilty of conspiracy even if the other parties are acquitted or were just pretending to agree.

Question 7

Pinkerton liability in NY

Answer 7

No vicarious liability for one who merely conspires and does not participate in a crime committed by a co-conspirator.

Question 8

merger of solicitation in NY

Answer 8

solicitation does not merge with the completed crime