Penal Law Flashcards
Roger is operating a truck with a G.V.W. RATING of more than 18,000 pounds. He runs down a pedestrian causing the pedestrian to suffer a S.P.I. Police respond and arrest Roger for D.W.I. A chemical test discloses a blood alcohol reading of .07%. Roger’s license to drive had been suspended 2
days ago for refusing to take a chemical test following an unrelated D.W.I. arrest which is still pending. In the current case, Roger committed
A: Vehicular Assault 1st Degree.
B: Vehicular Assault 2nd Degree.
C: Assault 2nd Degree.
D: Assault 3rd Degree.
D: Assault 3rd - Was he driving a truck with Dangerous Cargo? NO Did he violate 1192 V.T.L., Subd. 2, 3 or 4? NO – he violated Subd. 1. (TOUGH QUESTION)
George, a worker for the highway department, recklessly left a large manhole in the street uncovered after finishing work one day. Later that night, Roger, a pedestrian, fell into the manhole and suffered a broken leg. At the time of the occurrence, George was at home watching a night baseball
game on TV. According to the Penal Law, the most appropriate charge against George would be
A: Assault 2nd Degree.
B: Assault 3rd Degree.
C: Assault 1st Degree.
D: no crime as George was not present at the scene at the time of
B: Assault 3rd Degree.
With intent to annoy Tondelayo, Roger slapped Tondelayo on the head and face. Based on these facts only, Roger should be charged with
A: Assault 3rd Degree.
B: Harassment 2nd Degree
C: Disorderly Conduct.
D: Menacing.
B: Harassment 2nd Degree
George, with intent to cause a superficial injury, fires a gun at Roger and inflicts a slight flesh wound in Roger’s left shoulder. It would be correct to state that, according to the Penal Law, George is guilty of
A: Assault 1st Degree.
B: Assault 3rd Degree.
C: Attempted Murder.
D: Assault 2nd Degree.
D: Assault 2nd Degree
Intending to steal Roger’s wallet, Tondelayo surreptitiously administered some chloral hydrate (“knock-out drops”) to Roger while they were drinking at the Shamrock Bar. Roger unknowingly consumed the drug and became unconscious. According to the Penal Law, Tondelayo is guilty of
A: Assault 2nd Degree.
B: Assault 3rd Degree.
C: Reckless Endangerment 1st Degree.
D: Criminal Injection of a Narcotic Drug.
A: Assault 2nd Degree.
To prevent him from doing his duty, Roger caused the physical injury of George, a police officer, while George was detaining Tondelayo, a narcotic seller. According to the Penal Law, Roger is guilty of
A: Assault 3rd Degree.
B: Assault 2nd Degree.
C: Assault 1st Degree.
D: Menacing.
B: Assault 2nd Degree.
In the three degrees of Assault, the phrase “to a third person” is usually coupled with
A: “an intent to cause injury.”
B: “recklessness.”
C: “criminal negligence.”
D: “in the course of committing a felony.”
A: A - The concept of “TRANSFERRED INTENT.”
“Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person, and thereby causes serious physical injury to another person.”
The foregoing statement may or may not be correct according to one of the subdivisions defining Assault 1st Degree. Which of the following is most correct?
A: “Recklessly” should be omitted.
B: “Bodily” should be substituted for “physical.”
C: “Grave risk of death” should replace “substantial risk of serious physical injury
D: The statement is correct.
C: “Grave risk of death” should replace “substantial risk of serious physical injury
In order for a person to be properly charged with Assault 3rd Degree because of his criminal negligence, it is essential that
A: a deadly weapon or dangerous instrument be used.
B: a serious injury resulted.
C: the act was the result of a depraved mind.
D: a substantial risk of serious physical injury be perpetrated.
A: a deadly weapon or dangerous instrument be used.
A “serious physical injury” may result in Assault 2nd Degree if coupled with the following:
- Intent to cause serious physical injury
- Recklessly with deadly weapon or dangerous instrument
- Intent to prevent a police officer from performing duty
- Intentionally with deadly weapon or dangerous instrument
A: #1 and #2 only
B: #1, #2 and #3
C: #3 and #4 only
D: #4 only
A: A - Re: #3, see P.L. 120.08.
Following are four statements concerning the crime of “Promoting a Suicide Attempt” which may or may not be correct.
1. There are no degrees of this crime and, if no duress or deception is
involved, it is always a Class E Felony.
2. To commit this crime a person must intentionally cause or aid such
attempt.
3. A person who promotes a suicide attempt may, because he employed
duress or deception, be convicted of “Attempt to Commit Murder.”
4. In order to convict the perpetrator of this crime, the victim must die.
Which of the above statements may be correct?
A: #1, #2, #3 and #4
B: #1, #2 and #3 only
C: #1 and #2 only
D: #2 and #3 only
B: #1, #2 and #3 only
Jim is a freshman in college and is about to be inducted into a fraternity. George is the inducting official and insists that Jim be subjected to an INITIATION procedure. George demands that Jim show his courage by walking blindfolded along an interstate highway on a rainy and foggy night. Jim does as required, but loses his footing and falls into a deep gully on the side of the road, suffering a physical injury. The most appropriate charge to be lodged against George under these circumstances is
A: Menacing 2nd Degree.
B: Hazing 1st Degree.
C: Assault 1st Degree.
D: Attempted Assault 2nd Degree.
B: If no physical injury had occurred, George would be guilty of Hazing 2nd Degree.
Roger intentionally places Tondelayo in reasonable fear of physical injury by displaying what appears to be a pistol. Roger is arrested and convicted of this offense. Two years later, Roger, by physical menace, intentionally placed Tondelayo in fear of death. Based on these facts, evaluate the following statements.
- The first offense was a Menacing 2nd Degree.
- The second offense was a Menacing 1st Degree.
- The second offense was a Menacing 3rd Degree.
A: Only #1 is correct
B: Only #1 and #3 are correct
C: Only #3 is correct
D: None is correct
B: A TOUGH QUESTION. Since the second offense was a Menacing 3rd Degree, it did not become a Menacing 1st Degree based on the prior conviction within 10 years. The Menacing 1st Degree requires TWO Menacing 2nd Degree offenses.
Roger is very angry with Kevin for having ejected Roger from a movie house where Kevin worked as a “bouncer.” When the last show was over and Kevin left, Roger approached Kevin on the street, drew an unlawfully possessed gun, fired a shot into the air, and said, “Say your prayers. The next one’s for you.” Kevin ran away and Roger started to laugh. Based on these facts, evaluate the following statements.
- Roger committed Criminal Possession of a Weapon 2nd Degree.
- Roger committed Menacing 1st Degree.
- Roger committed Prohibited Use of a Weapon, a Class A Misdemeanor.
A: All 3 are correct
B: Only #1 is correct
C: Only #1 and #3 are correct
D: Only #2 and #3 are correct
D: Menacing 1st Degree requires that there be a prior conviction of Menacing 2nd Degree within 10 years, etc. Look at 265.35 and note that Prohibited Use of a Weapon can be an A Misdemeanor, a Class E Felony, and in some cases, a Class D Felony according to Subd. 2. The facts in this question are covered by Subd. 3(a).
George, the lion caretaker at a local animal show, drinks to excess, becomes intoxicated, and while many people are watching another attraction, he laughingly lets the lion out among the crowd. The lion bites a spectator and the spectator dies. Based on the provisions of Article 125 of the Penal Law, George has committed
A: Manslaughter 1st Degree.
B: Manslaughter 2nd Degree.
C: Murder 2nd Degree.
D: Criminally Negligent Homicide.
C: C - Intoxication is neither a defense nor an affirmative defense.
