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

Penal Law Flashcards

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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

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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

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3
Q

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

A

A term of imprisonment.

PL 10

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4
Q

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

A

15 days

PL 10

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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

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6
Q

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

A

One year.

PL 10

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7
Q

Crime means a misdemeanor or a _____.

A

Felony.

PL 10

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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

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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

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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. A felony is an offense for which a sentence of one year or more can be imposed.

PL 10

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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. Weapon of mass destruction
A

D. Weapon of mass destruction

PL 10

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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

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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

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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

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15
Q

Felonies are classified into _____ categories

A

5 categories

PL 55.05

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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 ________.

A

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 up to $15,000
B. Class A misdemeanor (not more than 3 months) up to $5,000
C. Class B misdemeanor (3 months or less) up to $2,000
D. Violation up to $500

A

A. felony up to $15,000

PL 80.10

Fines for a corporation: felony up to $10,000

Criminal Procedure, Penal Law, Uniform Rules, Vehicle and Traffic Law (37 decks)

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