Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Procedure, Penal Law, Uniform Rules, Vehicle and Traffic Law 2024 > Penal Law > Flashcards

Penal Law Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Juvenile offender means _______ year old who is criminally responsible for committing murder 2 degree, or sexually motivated felony (PL 130.91)

A

13

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

(A deadly weapon? / dangerous instrument?) means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or any of the following: switchable knife, Gravity knife, pilum ballistic knife, metal knife, dagger, billy. Blackjack, plastic knife, metal knuckles.

A

Deadly weapon.

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Offense means conduct for which a sentence of a fine or ______ may be imposed.

A

A term of imprisonment.

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Violation is offense (other than traffic infraction) for which sentence in excess of _____ cannot be imposed.

A

15 days

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Misdemeanor means an offense (other than a traffic infraction) for which a sentence of more than 15 days and up to and including _______ can be imposed.

A

1 year.

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Felony is an offense for which a sentence of more than _____ can be imposed.

A

One year.

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Crime means a misdemeanor or a _____.

A

Felony.

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

________ means any instrument, including a vehicle, which is readily capable of causing death or other serious physical injury.

A

A dangerous instrument.

PL 10.00

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Which of the following apply to a juvenile offender who is 13 years old?
A. Manslaughter 1 degree and rape 1 degree
B. Murder 2 degree, or sexually motivated felony (PL130.91)
C. Kidnapping 1 degree and attempted kidnapping 1 degree
D. Manslaughter 1 degree and rape 1 degree

A

B. Murder 2 degree, or sexually motivated felony (PL 130.91)

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Which of the following statements is not correct?
A. A violation is an offense (other than traffic infraction) for which sentence in excess of 15 days cannot be imposed. (Maximum sentence is 15 days.)
B. A misdemeanor is an offense (other than a traffic infraction) for which a sentence of more than 15 days and up to and including a year can be imposed.
C. A felony is an offense for which a sentence of one year or more can be imposed.
D. A crime means a misdemeanor and a felony.

A

C.
Should be :
A felony is an offense for which a sentence in excess of one year can be imposed.

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q 
Which of the following is not listed as a deadly weapon in PL 10?
A. Switchblade knife
B. Gravity knife
C. Pilum ballistic knife
D. Baseball bat
A

D.

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

A dagger, billy, blackjack, metal knuckles are listed in PL 10 as:
A. Dangerous instruments
B. Deadly weapons
C. Dangerous instruments and deadly weapons
D. None of the above

A

B. Deadly weapons

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q 
An offense for which the specified term of imprisonment is 14 days is a:
A. Felony 
B. Misdemeanor 
C. Travesty
D. Violation
A

D. Violation

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q 
A crime can be:
    1. A misdemeanor 
    2. A felony
    3. A violation 
A. 1 and 3 only
B. 2 and 3 only
C. 1 and 2 only
D. None of the above
A

C. 1 and 2 only

PL 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Felonies are classified into _____ categories

A

5 categories

PL 55.05

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Class A felonies are sub-classified as _____ and _____.

A

Class A-1 and Class A-2 felonies

PL 55.05

17
Q

Felonies are classified as Class A, Class B, and

A

C, D and E

PL 55.05

18
Q

Misdemeanors are classified as Class A, Class B and _______.

A

unclassified misdemeanors

PL 55.05

19
Q

Any offense defined outside of the Penal Law which is declared to be a felony without specification of the classification or provides a sentence in EXCESS of one year SHALL be deemed Class __ FELONY

A

E

PL 55.10

20
Q

Any offense defined outside the Penal Law with a sentence of more than 15 days and up to and including a year SHALL be deemed ________.

A

An unclassified misdemeanor
PL 55.10

21
Q

T/F Notwithstanding any other provision of this section, an offense defined as a traffic infraction shall not be deemed a violation or a misdemeanor by virtue of the sentence prescribed.

A

True

PL 55.10

22
Q

Misdemeanors are classified into:
A. Class A-1 and Class A-2 misdemeanors
B. Class A, Class B and Class C misdemeanors
C. Class 1, Class 2 and Class 3 misdemeanors
D. Class A, Class B and unclassified misdemeanors

A

D. Class A, Class B and unclassified misdemeanors

PL 55.05

23
Q

Which of the following 3 statements are false?
1. Class A felonies are sub-classified into Class A-1 felonies
and Class A-2 felonies
2. Class A misdemeanor sentence may be for more than 1
year
3. Some misdemeanors are unclassified
A. 1 only
B. 2 only
C. 3 only
D. neither 1 nor 2 nor 3

A

B. 2 only

PL 55.05

24
Q

Which of the following 3 statements about offenses defined outside PL are correct?
1. If classification is not specified and sentence is more than 1 year = E Felony
2. If declared a misdemeanor without sentence or classification = A Misdemeanor
3. If sentence is more than 15 days and up to a year = Unclassified Misdemeanor
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1 and 3 only

A

A. 1 only

PL 55.10

25
Q

A traffic infraction with a prescribed sentence:
1. may be deemed a violation by virtue of the prescribed sentence
2. may be deemed a misdemeanor by virtue of the prescribed sentence
3. must be deemed a felony by virtue of the prescribed sentence.
A. Statement 1 only is correct
B. Statement 1 and 2 are correct
C. Statements 1, 2 and 3 are correct
D. None of the statements are correct

A

D. None of the statements are correct

PL 55.10

26
Q

Fine for felony (not controlled substance) is $5,000 or ________.

A

Double the amount of the defendant’s gain

PL 80

27
Q

Alternative sentence for misdemeanor or violation: Court may sentence the defendant to pay amount not exceeding _____ the amount of the defendant’s gain.

A

Double

PL 80.05 and PL 80.10

28
Q

Fine for felony (not controlled substance and not a corporation) is higher of:
A. double the defendant’s gain, or $5,000
B. double the defendant’s gain, or $15,000
C. double the defendant’s gain, or $25,000
D. double the defendant’s gain, or $50,000

A

A. double the defendant’s gain or $5,000

PL 80

29
Q 
Which of the following is not a correct fine?  Fine for felony (controlled substance and not a corporation) is:
A. A-1 felony $100,000
B. A-II felony $40,000
C. B felony $30,000
D. C felony $15,000
A

B. A-II felony $40,000

PL 80.05

30
Q

Which of the following is not a correct fine? Fines for a corporation are:
A. felony not exceeding $15,000
B. Class A misdemeanor (not more than 3 months) not exceeding $5,000
C. Class B misdemeanor (3 months or less) not exceeding $2,000
D. Violation not exceeding $500

A

A. felony up to $15,000

PL 80.10

Fines for a corporation: felony not exceeding $10,000

31
Q

Adolescent offender” means a person charged with a felony
committed on or after October first, two thousand eighteen when he or
she was sixteen years of age or on or after October first, two thousand
nineteen, when he or she was seventeen years of age.

A

X

Criminal Procedure, Penal Law, Uniform Rules, Vehicle and Traffic Law 2024 (36 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions