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Criminal Law > NY Distinctions > Flashcards

NY Distinctions Flashcards

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1
Q

Larceny

A

exercise control of property
knows lost, or delivered under mistake
does not take reasonable measures to return to owner

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2
Q

false pretenses

A 
pursuant to scheme to defraud
obtain property of another
express or implied representation
he or 3rd party 
engage in future conduct
no intention of doing
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3
Q

Extortion

A

compelling or inducing another
deliver property to himself or a 3rd party
under threat of injury to person, property or reputation

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4
Q

issuing bad checks

A

passes check, not postdated
knowledge if insufficient funds or
intending payment to be refused
payment is refused

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5
Q

robbery

A 
larceny using threat immediate force
prevent or overcome resistance
or
compel owner or another
engage in conduct to further larceny
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6
Q

Robbery 1st Degree

forcible theft plus 1 of 4 elements

A
  1. cause serious physical injury to non-participant
  2. armed with deadly weapon
  3. use or threatens immediate use of dangerous instrument
  4. displays apparent firearm
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7
Q

Robbery 2nd Degree

forcible theft plus 1 of 2.5 elements

A
  1. aided by another present at crime

2. causes injury to non-participant or displays firearm

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8
Q

Criminal possession of stolen property

A

same elements as MBE

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9
Q 
Arson 1st Degree
knowledge of presence or reasonable possibility of non-participant
intentional damage to building or auto
causing explosion or fire
explosion or fire causes 1 of 4 things
A
  1. caused by propelled incendiary device thrown or placed
  2. caused by an explosive
  3. causes serious physical injury to non-participant
  4. caused with expectation of financial advantage
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10
Q 
Burglary 1st Degree
knowing entry or remaining in a DWELLING 
intent to commit crime therein
in effecting entry or flight
he or another do 1 of 4 things
A
  1. armed with deadly weapon or explosive
  2. causes injury to non-participant
  3. uses/threatens use of dangerous instrument
  4. displays apparent firearm
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11
Q

Burglary 2nd Degree
knowing entry or remaining in a BUILDING
intent to commit crime therein
does 1 of 5 things

A
  1. armed with deadly weapon or explosives
  2. causes injury to non-participant
  3. uses/threatens immediate use of dangerous instrument
  4. displays apparent firearm
  5. building is a dwelling
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12
Q

Burglary 3rd Degree

A

knowing entry or remaining in a building

intent to commit crime therein

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13
Q

Arson in NY Generally

A

Damage property of another by fire or explosion
degree determined by intent
no requirement of malicious buring

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14
Q

Arson 2nd Degree

A

intentional damage to building or vehicle by starting fire

knowledge of non-participant in building at the time

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15
Q

Arson 3rd Degree

A

Intentional damage to
Building or Motor Vehicle
by starting a fire or causing an explosion

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16
Q

Affirmative Defense to Arson 3rd Degree

A

D alone had a possessory or proprietary interest or
all other interested parties consented to conduct
intent was to destroy for a lawful purpose
no reasonable ground to believe conduct would endanger life, safety or property of another

17
Q

Arson 4th Degree

A

reckless damage to a building or vehicle

intentionally starting fire or causing explosion

18
Q

Affirmative Defense to 4th Degree Arson

A

no other person had a possessor or proprietary interest in property

19
Q

Arson 5th Degree

A

intentional damage to property of another
without consent
by causing fire or explosion

20
Q

Forgery 1st Degree

A 
false making, completing, or altering 
intent to defraud
instrument purporting to be:
money
stamps
stocks
bonds
securities
21
Q

Forgery 2nd Degree

A 
false making, completing, or altering
intent to defraud
instrument that is a 
deed
will, codicil
contract
credit card
public record or written government instrument
prescription 
certificates usable in place of money
tokens or public transportation transfers
22
Q

Forgery 3rd Degree

A

false making, completion, or alteration of a written instrument

intent to defraud

23
Q

Factor elevating homicide to aggravated form

A

death of a police officer in the course of duties

actor should have known V was an officer

24
Q

Criminal Negligence

A

failure to perceive substantial unjustifiable risk

gross deviation from reasonable person standard

25
Q

Criminally Negligent Homicide

A

negligent homicide resulting from criminal negligence

26
Q

1st Degree Manslaughter

D does 1 of 4 things

A
  1. intend serious physical injury results in death
  2. cause death under extreme emotional disturbance
  3. abortion on female after 24 weeks not within any exception causes death of mother
  4. person 18+ commits act intending to injure person under 11 creating grave risk of injury results in death
27
Q

2nd Degree manslaughter

1 of 3 things

A

recklessly causes death of another
illegal abortion resulting in death
intentionally causing or aiding another to commit suicide

28
Q

Murder 2nd Degree

1 of 4 things

A

intent to cause death:

  1. causes death of target or another evincing depraved indifference to human life
  2. conduct creating grave risk of death causes a death
  3. felony murder
  4. 18+ engages in conduct creating grave risk of serious injury to someone under 11 in fact causes death
29
Q

Menacing

A

placing someone in fear of an imminent battery

Common law Assault

30
Q

Assault

1 of 3 things

A

intend to cause injury causes injury to target or another
recklessly causes injury to another
criminally negligently injures another with a dangerous instrument or deadly weapon

31
Q

1st degree Assault

4

A
  1. intentional infliction of serious injury
    means of dangerous instrument or deadly weapon
  2. intentional infliction of serious injury from intent to disfigure or disable
  3. unintentional infliction of serious injury from highly reckless conduct
  4. unintentional infliction of serious injury resulting from any felony
32
Q

2nd Degree Assault

8

A
  1. intentional infliction of serious injury no weapon
  2. unintentional infliction of serious injury caused by reckless use of deadly weapon
  3. intentional infliction of non-serious injury committed to stop one from performing official duty
  4. intentional infliction of non-serious injury committed with deadly weapon
  5. unlawful administering of drugs to unwilling person resulting in unconsciousness or injury
  6. unintentional non-serious injury resulting from any felony (except sexual offenses)
  7. intentional infliction of non-serious injury while confined in a correctional institution.
  8. 18+ recklessly causes serious injury to 11 year old
33
Q

Term for False Imprisonment in NY

A

Unlawful Imprisonment

Criminal Law (9 decks)

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