NY Crimes

Question 1

Specific-Intent Crimes

Answer 1

FIAT

First-degree murder
Inchoate offenses (attempt/conspiracy/solicit)
Assault w/ intent to commit battery
Theft offenses (larceny/rob/burg/embez/false pretense/forgery)

Question 2

Accomplice Withdrawal

Answer 2

MBE: 1) repudiate prior aid, 2) withdraw from participation, AND 3) “substantial effort” to prevent commission of crime

NY: Same except instead of repudiate, must renounce crim purpose completely and voluntarily.

Question 3

Criminal Facilitation

Answer 3

Person thinks it’s probable he’s rendering aid to someone who intends a felony by providing means or opportunity to do so, and he in fact does aid the person.

Question 4

Accomplice Testimony

Answer 4

Person can’t be convicted based solely on uncorroborated testimony of an accomplice.

Question 5

Insanity

Answer 5

Affirmative defense based on PotE. At time, bc of “mental disease or defect,” did D “lack substantial capacity” to appreciate 1) nature and consequences of his conduct, OR 2) that such conduct was wrong.

Question 6

Intoxication - MBE

Answer 6

Voluntary intox is a defense in specific intent crimes iff it prevents formulation of req’d mens era. Involuntary intox is defense when it negates element of crime including gen intent.

Question 7

Age of Maturity

Answer 7

16+ - Criminally responsible
13-15 - Responsible for 2d-degree murder
14-15 - Responsible for kidnapping, arson; assault; manslaughter; rape; agg sex abuse; burglary; robbery (OR attempt of these) + attempted murder.

Question 8

Felony Murder

Answer 8

Inherently dangerous felonies = BARRK (burglary, arson, rape, robbery, kidnapping). Underlying felony generally merges into felony murder.

NY: ADDS escape, sodomy, and sex abuse (+attempts).

1st degree felony murder: intentional killing of non-participant.

2d degree: everything else; no specific intent nec’y.

Question 9

Felony Murder - Defense

Answer 9

NY Defense: Accomplice didn’t do it, wasn’t armed, had no grounds to know any other participants were armed, AND had no grounds to know participant intended conduct likely to cause death/SBI.

MBE Defense: Death wasn’t foreseeable result or natural and prob consequence of the felony.

NB: No felony murder for death of co-felon by victim or cop. Maybe felony murder for death of bystander by victim/cop (under prox cause theory) but not under agency theory).

Question 10

NY Murder

Answer 10

1st degree: 1) intentionally killing peace officer/witness/judge/prison guard; 2) murder for hire; OR 3) 1st degree felony murder.

2d degree: 1) intentional killing; 2) “depraved indifference”; 3) felony murder where ∆ doesn’t do the killing.

Question 11

NY - Non-Murder Homicide

Answer 11

Crim Neg Homicide: death caused by ∆’s gross negligence.

2d degree Vehicular Homicide: crim neg driving while under the influence

1st degree Vehicular Homicide: as above + license suspended, or BAC too high, or kills 2+ people, or kills person 15 or younger, or previous DUI conviction w/in 10 yrs, or previous assault/homicide conviction.

Agg Vehic. Homicide: as above + driving recklessly, OR driving recklessly and kills 1 person and causes SBI to 1+ other person.

2d degree manslaughter: recklessly cause another’s death, OR intentionally assist in suicide or abortion resulting in mother’s death.

1st degree manslaughter: 1) death caused w/ intent to inflict SBI; 2) intentional killing under “influence of extreme emotional disturbance”; 3) abortion after 24 weeks; OR 4) reckless placing child under grave right of SBI resulting in his death.

Question 12

“Larceny” in NY

Answer 12

Includes CL crimes of larceny, embezzlement, extortion, larceny by trick, and false pretenses.

Petit: value = $1K or less
4th º: value = $1,001 - $3K, or extortion, or theft from victim’s person, car, or credit/debit card.
3d º: value = $3,001 - $50K
2d º: value = $50,001 - $1m; extortion by threatening property or physical injury.
1st º: value > $1m

Question 13

Forgery in NY

Answer 13

w/ intent to defraud or deceive…

3d º: intentionally making or altering written instrument (i.e., writing w/ apparent legal significance)
2d º: ditto but instrument is deed, will, codicil, contract, or public record.
1st º: instrument is money, stamps, or securities.

Question 14

Larceny @ CL

Answer 14

Trespassory taking and carrying away, of another’s personal property, w/ intent to permanently deprive them of that property.

By Trick: obtains possession but not title thru fraud/deceit, w/ intent to convert (and later does).

Question 15

Embezzlement & False Pretenses

Answer 15

Embezz: Fraudulent conversion, of another’s property, *by someone in lawful possession of that property.

FP: obtaining TITLE (not just possession) in another’s property through fraud re material fact.

Question 16

Robbery

Answer 16

CL Merger: Larceny, assault, and battery all merger into robbery.

@CL: larceny by force or intimidation (immediate harm to victim, family, or bystander - not property except victim’s home), and property taken from presence of victim.

3d º: forcible stealing of property.

2d º: ditto, plus 1) ∆ aided by someone, 2) non-participant injured, 3) displays what looks like gun, OR 4) subject-property is a car.

1st º: forcible stealing when 1) non-p seriously injured, 2) ∆ armed w/ deadly weapon, 3) ∆ threatens use of dangerous instrument, OR 4) displays loaded firearm.

Question 17

Extortion vs. Robbery

Answer 17

Extortion = taking of another’s property by threat. Threat need not be of immediate harm, or even physical in nature. And property need not be on the victim or in his presence.

Question 18

Burglary in NY

Answer 18

Need not occur at night, OR be a dwelling, OR include a breaking!

3dº: enters or remains unlawfully in a building w/ intent to commit a crime there.

2dº: ditto + building is a dwelling OR ∆/participant has deadly weapon, flashes what looks like gun, or injures non-participant.

1stº: ditto but it’s a dwelling AND there’s deadly weapon, apparent gun, or injury to non-p.

Question 19

Arson

Answer 19

@CL: malicious burning of another’s dwelling.

NY: expands to include all buildings, motor vehicles, watercraft, and even personal property (5thº). Affirmative defense if you owned it, but only if you burned it for lawful purpose.

NB: NY allows use of deadly force to prevent arson (but otherwise doesn’t allow to protect property).

Question 20

Receiving Stolen Goods

Answer 20

MBE: receiving control over stolen property, w/ knowledge it’s stolen, AND intention to permentnatly deprive owner of possession.

NY: Ditto, but five degrees. $1m+ = 1stº; $50K+ = 2dº, $3K+ = 3dº; $1K+ = 4thº; otherwise, 5thº.

Question 21

Assault & Battery in Ny

Answer 21

CL Assault = “Menacing” in NY

CL Battery = “Assault” in NY

1stº = intentional or recklessly causes injury, OR neg causes injury w/ deadly weapon
2dº = intentionally causes serious injury, or injures while committing felony, or intentionally/recklessly injures w/ deadly weapon
1stº = intentionally causes serious injury w/ deadly weapon or while committing felony or w/ depraved indifference

Question 22

Kidnapping

Answer 22

2dº = CL def: unlawful confinement of someone, against their will, + either hiding or moving them.

1stº = ditto + demand for ransom, or to get 3d party to act or refrain from acting in partic way.

Question 23

Rape

Answer 23

3dº = sex w/ adult incapable of consent; sex w/out consent for some reason other than incapacity; sex by someone over 21 w/ someone less than 17.

2dº = sex by adult w/ someone less than 15; or sex w/ someone unable to consent b/c of mental incapacity.

1stº = sex by force; someone incapable of consent b/c physically helpless; someone less than 11; someone by adult w/ someone less than 13.

Question 24

Solicitation

Answer 24

@CL & NY: 1) encouraging or advising another person, 2) to commit a crime, AND 3) w/ intent they commit the crime.

Renunciation in NY: reqs voluntary and complete renunciation, AND preventing commission of crime.

No renunciation at CL.

Question 25

Conspiracy

Answer 25

CL: agreement b/w 2+ parties, to accomplish unlawful purpose, and w/ intent to accomplish that purpose.

• No withdrawal, no overt act req’d, and no unilateral conspiracies.
• ∆ liable under Pinkerton for crimes of co-conspirators in furtherance of conspiracy,

NY: follows majority and feds in REQ’ing overt act.

• Allows unilateral conspiracies (like MPC but unlike most jxes or the CL).
• No vicarious liability for crimes you did not participate in.
• Withdrawal: must show “substantial effort” made to thwart commission of crime.

Question 26

Attempt

Answer 26

MBE: Substantial step towards commission + intent to commit crime.
NY: ∆’s conduct must be very near to accomplishment of the underlying crime.

Question 27

CL Homicide

Answer 27

1) Murder = intentional killing of another person with malice aforethought.

MA = intent to kill, intent to inflict serious bodily harm, depraved heart, felony (BARRK)

2) Voluntary manslaughter = murder in response to adequate provocation (“heat of passion”) or imperfect self-defense

Provocation = serious battery, threat of deadly force, or discovery of adultery

3) Involuntary manslaughter = unintentional killing w/ criminal neglect or during “unlawful act”

Unlawful act = killing during malum in se misdemeanor (misdemeanor-murder rule”) OR during non-BARRK felony

Question 28

NY - Right to Counsel

Answer 28

Accused has right to counsel when:

1) in custody where cop conduct likely to overwhelm lay person and they request atty
2) at investigatory lineup when ∆ asks for atty
3) at commencement of judicial proceedings
4) any other significant judicial activity

Question 29

Ineffective Assistance of Counsel

Answer 29

To reverse conviction, must show:

1) rep fell below objective standard of reasonableness, AND
2) deficient performance prejudiced ∆.

NY: must show 1) ∆ didn’t get “meaningful rep”, 2) atty’s conduct was “egregious & prejudicial” error, and 3) but for that deficiency, result would have been diff.

Question 30

Double Jeopardy

Answer 30

No extra punishment or prosecution for same offense after acquittal or conviction.

“Same offense” uses Blockburger test: each crime must req proof of element that other doesn’t in order to be separate offenses.

Attachment: when jury empaneled and sworn in OR, in bench trial, when first witness sworn in.

NB: Doesn’t prevent duplicative prosecution by state and feds, or two different states.