NY Defenses

Question 1

M’Naghten

Answer 1

has mental disease or defect
because of condition
did not know what he was doing or its consequence
or
did not know what he was doing was wrong, although he knew what he was doing

Question 2

NY calls Necessity

Answer 2

Justification

Question 3

duress does not require

Answer 3

threat need not be of death or great bodily harm

follows model penal code

Question 4

When is defense of duress allowed

Answer 4

threat of imminent unlawful physical force
person of reasonable firmness could not resist

available as defense to all crimes including homicide

Question 5

When is defense of duress not allowed

Answer 5

defendant intentionally or recklessly
put self in situation
where probable would be subject to duress

Question 6

Entrapment

Answer 6

affirmative defense
D engaged in conduct because
actively induced
by public servant seeking to obtain evidence
methods used created substantial risk offense would be
committed by person not otherwise disposed to commit it.

affording opportunity is not entrapment

Question 7

If Defendant raises defense of entrapment

Prosecution may

Answer 7

present evidence of defendants predisposition to commit crime
on rebuttal

evidence of uncharged crimes or prior bad acts are otherwise generally not admitted to demonstrate predisposition

Question 8

Who can raise Infancy Defense

Answer 8

In general - under 16
13-15 - not available for 2nd degree murder
14-15 - not available for violent felonies

Question 9

Sentencing of individuals 16-19

Answer 9

if no prior felony conviction
may be sentenced as a youthful offender

record will not be treated as criminal conviction for purposes of public employment or licensed professions

Question 10

Mistake under NY Penal Law includes

Answer 10

Statute allows mistake as a defense in criminal law

or where mistake would support justification defense

Question 11

Person is not guilty of criminal solicitation when

Answer 11

solicits conduct necessarily incidental to commission of crime solicited.

will be found guilty of separate crime solicited

Question 12

1st degree Solicitation

Conspiracy

Answer 12

Conduct solicited is class A felony
D is over 18
co-conspirator is under 16

Question 13

2nd degree Solicitation

conspiracy

Answer 13

Conduct solicited is a Class A felony

Question 14

3rd Degree Solicitation

conspiracy

Answer 14

Conduct solicited is a felony
D is over 18
co-conspirator is under 16

Question 15

4th Degree Solicitation

conspiracy

Answer 15

Conduct solicited is either a felony or

crime where D is 18+ and co-conspirator is under 16

Question 16

5th Degree Solicitation

conspiracy

Answer 16

Conduct solicited is a crime

Question 17

Affirmative Defense to Solicitation

Answer 17

voluntary and complete renunciation and

prevented commission

Question 18

Affirmative Defense to Attempt

Answer 18

under circumstances manifesting
complete and voluntary renunciation of criminal purpose
avoided commission of crime by abandonment

if abandonment is insufficient took affirmative steps to prevent commission

Question 19

Conspiracy requires

Answer 19

one conspirator commits an overt act in furtherance

Question 20

Not a defense to Conspiracy if

Answer 20

one or more co-conspirator could not be found guilty

Question 21

Affirmative Defense to Conspiracy for Crime

Not actually committed

Answer 21

voluntary and complete renunciation and

prevented commission