Penal Law And CPL Flashcards
Roger, age 23, has sexual intercourse with his girlfriend Tondelayo, age 16, in the apartment where she lives with her parents. This is not the first time they have had sexual relations and, as on the other occasions, Tondelayo has consented to the relations with Roger. This time, however, Tondelayo’s mother discovers the couple and calls the police. When the police arrive, an officer asks the sergeant what charge can be made against Roger. The sergeant should advise that the most appropriate charge is
A: Sexual Misconduct.
B: Rape 1st Degree.
C: Attempted Rape 3rd Degree.
D: Rape 3rd Degree.
D: Rape 3rd Degree.
A 20 year old female who commits an act of deviate sexual intercourse upon a 10 year old male is guilty of
A: Consensual Sodomy. B: Criminal Sexual Act 2nd Degree. C: Criminal Sexual Act 3rd Degree. D: Sexual Misconduct. E: Criminal Sexual Act 1st Degree.
E: A gift.
Tondelayo, age 14, is angry at P.O. Mullins for arresting her for prostitution. When she is released by the Family Court, Tondelayo decides to get even with P.O. Mullins by “kneecapping” him with a shotgun while he is on duty. Tondelayo does as she planned and permanently cripples P.O. Mullins while he is in uniform investigating an accident.
Based on the above, evaluate the following statements.
1. Tondelayo committed AGGRAVATED ASSAULT UPON A POLICE OFFICER or a PEACE OFFICER.
- The facts satisfy an Assault 1st Degree.
- If arrested, Tondelayo should be treated as a J.O.
A: All 3 are correct
B: Only #1 and #2 are correct
C: Only #1 and #3 are correct
D: Only #2 and #3 are correct
A: This question points out an inconsistency in the law. It is BOTH #1 and #2. Yet, Tondelayo is a J.O. NOT for #1 (it’s not in the list), but for #2.
Which one of the following is least likely to be a degree-raising factor for the crime of Assault?
A: That a dangerous instrument was used.
B: That the assailant was over 18 years of age when the assault occurred.
C: That “serious physical injury” rather than “physical injury” was caused.
D: That physical injury was inflicted in the course of the commission of an independent felony.
B: See Article 120 P.L.
Tondelayo has been convicted of a crime and is sent to prison. In prison she has an argument with another inmate and, in a fit of anger, punches the inmate in the face causing her to suffer a physical injury.
Based on the above, Tondelayo has committed
A: Assault 3rd Degree.
B: Assault 2nd Degree.
C: Assault 1st Degree.
D: Harassment 2nd Degree.
B: Assault 2nd Degree.
Police Officer Mullins arrives at the station house with a 14 year old male whom he has arrested for rape. Officer Mullins informs Desk Sergeant Sullivan that the youth forcibly raped a 17 year old girl in her apartment. In this situation, Sergeant Sullivan should classify the prisoner as a
A: Juvenile Offender.
B: Juvenile Delinquent.
C: Designated Felon - Juvenile Delinquent.
D: Youthful Offender.
A: Rape 1st Degree, FORCIBLE COMPULSION or PHYSICALLY HELPLESS, makes a 14 or 15 year old a J.O.
Police Officer Sullivan arrives at the station house with a 13 year old male he has just arrested. Officer Sullivan informs Sergeant Mullins that while on patrol he saw the child run out of a liquor store and knock over an old man who was walking in front of the store. The old man hit his head on the curb and died from a head wound while awaiting an ambulance. It was discovered that the 13 year old had held up the liquor store and was attempting to flee when he ran into the man. In this situation Sergeant Mullins should classify the prisoner as a
A: Juvenile Offender.
B: Juvenile Criminal.
C: Juvenile Delinquent.
D: Youthful Offender.
C: This describes a FELONY MURDER and a 13 year old would be a J.D. A 13 year old is a J.O. for INTENTIONAL MURDER or DEPRAVED MIND MURDER and nothing else.
Sergeant Mullins, the Desk Officer, is performing duty with the second platoon on a normal business day. Police Officer Sullivan approaches the desk with a 13 year old male he has just arrested for Robbery 1st Degree. Sergeant Mullins enters the time of arrest as 0900 hours and notes that the arresting officer was present at the station house with the prisoner at 0915 hours. Sergeant Mullins should direct that the 13 year old male be taken to
A: Family Court unless interrogation of the prisoner is required.
B: Criminal Court after notifying a parent or guardian.
C: a Juvenile Detention Center if a parent or guardian cannot be notified
D: the custody of a parent or guardian after issuing an Appearance Ticket.
A: Robbery 1st Degree by a 13 year old is a DESIGNATED FELONY. The recommended procedure for a DESIGNATED FELONY when FAMILY COURT is in session is to bring the child to Family Court unless questioning is necessary. If Family Court is not in session and there is no reason to detain the child in a juvenile facility, he can be released by way of a Family Court Appearance Ticket.
Answer question #9 based solely on the following information.
Sergeant Mullins responds to an apartment house at the request of an officer executing a Warrant of Arrest. Upon arrival the Sergeant meets the officer in the second floor hallway. The officer states that he has a Criminal Court Arrest Warrant for a tenant in apartment 2B and requests permission to break into the premises to effect the arrest without knocking. After the Sergeant confirms the
validity of the warrant, the following conversation takes place:
SERGEANT: Do you have a reasonable cause to believe that the defendant is inside the apartment?
OFFICER: Yes, I heard his wife yelling at him and she called him by name.
SERGEANT: Did you announce your authority and purpose to the occupants of the apartment?
OFFICER: No, I wasn’t sure it would be the wise thing to do.
SERGEANT: Do you think the defendant is armed and dangerous?
OFFICER: I doubt it. He’s not the violent type. He’s just a hustler.
Which one of the following would be the most relevant question for Sergeant Mullins to ask next?
A: Do you expect to find any material evidence inside the apartment?
B: Have you informed the building superintendent of your intent to break in?
C: What proof do you have that the defendant committed the offense charged?
D: Are there any additional warrants outstanding on the defendant?
A: A unique way of resting your knowledge of E-E-E (Evidence-Endanger-Escape) re: authority to enter premises to execute a Warrant of Arrest without giving notice. See Article 120 C.P.L.
Sergeant Sullivan, at the request of Officer Mullins, responds to the front of 307 Handsome Boulevard. Upon the Sergeant’s arrival, Officer Mullins informs him that his partner, Officer Kilroy, is upstairs in apartment 4F holding a juvenile who just committed a robbery. Officer Mullins is unsure as to whether the youth is a J.O. or a J.D. He asks the Sergeant for guidance. Sergeant Sullivan then interviews Officer Mullins to obtain the details of the case. The following conversation takes place:
SERGEANT: Did the robbery take place in this building?
OFFICER: No sir, it took place in a nearby grocery store but the owner knew one of the perpetrators and we were able to trace him here.
SERGEANT: So there was an accomplice?
OFFICER: Yes, sir.
SERGEANT: Did the youth identify his accomplice?
OFFICER: Yes sir, we are going to pick him up later.
SERGEANT: Was anybody hurt in the incident?
OFFICER: No, sir.
SERGEANT: Did the juvenile upstairs display anything that appeared to be a firearm when they robbed the store?
OFFICER: No, sir.
SERGEANT: How old is the juvenile?
OFFICER: 14 years old.
Which one of the following questions should Sergeant Sullivan ask before he can decide whether the juvenile is a J.O. or a J.D.?
A: Did the accomplice display anything that appeared to be a firearm when they robbed the store?
B: Did the juvenile’s mother give permission to have her son’s name released to the media?
C: How old is the accomplice?
D: Does the juvenile have any past convictions?
A: If he did, this would make the 14 year old a J.O. All participants are responsible for the aggravating factor.
Sergeant Sullivan is called to the scene of a family dispute. Upon his arrival, the Sergeant is met by Officer Mullins who is assigned to a nearby foot patrol post. Officer Mullins informs Sergeant Sullivan that the complainant, a female, stated that her boyfriend tried to kill her. When Officer Mullins asked if
she wanted the boyfriend arrested, the woman demanded to speak to a supervisor.
Sergeant Sullivan enters the apartment to interview the complainant and the following conversation takes place.
SERGEANT: Good evening. What seems to be the problem?
COMPLAINANT: My boyfriend tried to kill me.
SERGEANT: How?
COMPLAINANT: We were having an argument and he started throwing things at me. He almost hit me with a heavy frying pan.
SERGEANT: Where is your boyfriend now?
COMPLAINANT: He’s in the bedroom with another officer.
SERGEANT: Do you want us to arrest him?
COMPLAINANT: Yes - I mean no. What I mean is I want you to get him out of here and make him stop trying to hurt me, but I don’t want to see him go to jail. I still love him. I heard that in Family Court they don’t send him to jail. That would be good.
SERGEANT: Do you want us to arrest him and have him processed in Family Court?
COMPLAINANT: Yes.
SERGEANT: Were you and your boyfriend every legally married?
COMPLAINANT: No.
SERGEANT: Are you related to him by blood or marriage?
COMPLAINANT: No, we’re not related at all.
What additional question should Sergeant Sullivan ask before deciding whether the acts committed by the complainant’s boyfriend constitute a Family Offense that can be processed in Family Court?
A: Have you and your boyfriend been living together intimately?
B: Is your boyfriend romantically involved with any other woman at this time?
C: Do you have any children by your boyfriend?
D: Were you and your boyfriend planning on getting married in the near future?
A or C - If they did have a child in common or were in an intimate relationship, whether sexual or not, they would be “members of the same family or household” and there would be concurrent jurisdiction
between Criminal Court and Family Court re: the Family Offense described.
P.T.S. code word: HARMS-SAD-SACTS
H = HARASSMENT 1ST OR 2ND A = AGGRAVATED HARASSMENT 2ND R = RECKLESS ENDANGERMENT M = MENACING 2ND OR 3RD S = STALKING
*S = SEXUAL MISCONDUCT A = ASSAULT 2ND OR 3RD D = DISORDERLY CONDUCT
*S = SEXUAL ABUSE 3RD (AND 2ND, SUBD. 1) A = ATTEMPTED ASSAULT C = CRIMINAL MISCHIEF *T = TOUCHING (FORCIBLE) *S = STRANGLING OR OBSTRUCTION
Sergeant Mullins responds to an apartment and interviews the mother of an alleged teenage rape victim who is five months pregnant. Following is the conversation between the Sergeant and the victim’s mother.
SERGEANT: Where is your daughter now?
MOTHER: She’s in the bedroom resting.
SERGEANT: Is she injured?
MOTHER: No, she’s fine. She’s just resting.
SERGEANT: When did the rape occur?
MOTHER: About an hour ago.
SERGEANT: Are her undergarments available?
MOTHER: Yes, I could get them.
SERGEANT: Can she identify the man who raped her?
MOTHER: Yes, he’s my neighbor’s son. We’ve known him for years. He lives downstairs.
SERGEANT: Did he force your daughter to have sex with him?
MOTHER: No, but she didn’t know any better. He told her it would be OK because we were all friends. He promised to take care of her baby when it is born.
SERGEANT: How did you find out about the alleged rape?
MOTHER: I walked in on them having sex.
Which one of the following questions should Sergeant Mullins ask before he can correctly categorize the complaint?
A: Is your neighbor’s son the father of your daughter’s unborn baby?
B: Are your daughter and your neighbor’s son romantically involved?
C: How old are your daughter and your neighbor’s son?
D: In whose apartment did your daughter and your neighbor’s son have sex?
C: Maybe they were 17 or more and there was consent and thus no crime
Sergeant Mullins responds to the scene of an alleged robbery in the lobby of an apartment house. The victim is a deaf mute who is unable to communicate with the Sergeant and supply any information regarding the incident. However, Sergeant Mullins is able to interview the victim’s cousin who witnessed the incident. Following is a conversation that took place between the Sergeant and the witness.
SERGEANT: Did you see what happened?
WITNESS: Yes. I was standing next to my cousin waiting for an elevator. When the elevator came, this guy got off and grabbed the suitcase my cousin was carrying. My cousin tried to hold on but the guy just tore it out of his hands and ran off. It happened very fast.
SERGEANT: Was your cousin injured?
WITNESS: No, but I guess he must be upset.
SERGEANT: Did you recognize the guy?
WITNESS: No, he’s not from this building.
SERGEANT: Did the thief use or threaten to use a weapon?
WITNESS: No, I didn’t see any. It happened pretty fast.
Which one of the following questions should Sergeant Mullins ask before he can correctly categorize the complaint?
A: Do you know if the thief acted alone or was he helped by someone else?
B: Do you know what the suitcase contained?
C: Did the suitcase belong to your cousin?
D: Do you know if your cousin is involved in any illegal activity?
A: Since there were no weapons and no one was hurt this is a Robbery 3rd Degree UNLESS the bad guy was AIDED BY ANOTHER ACTUALLY PRESENT, in which case it would be a Robbery 2nd Degree.
While walking along the street George is attacked by 3 youths led by Roger. When 2 of the youths knock George to the ground, Roger kicks George in the ribs causing him to suffer a serious physical injury. Roger says, “We didn’t intend to hurt you much this time, but next time, watch out.”
Based on the above, the most appropriate charge against Roger should be
A: Assault 3rd Degree.
B: Attempted Assault 2nd Degree.
C: Gang Assault 2nd Degree.
D: Gang Assault 1st Degree.
C: It is a Class C Felony: INTEND P.I., CAUSE S.P.I., when aided by 2 or more actually present, is Gang Assault 2nd Degree. INTEND S.P.I., CAUSE S.P.I., when aided by 2 or more actually present, is Gang Assault 1st Degree, a Class B Felony.
While P.O. Mullins is trying to arrest Tondelayo for prostitution, Roger, intending to prevent P.O. Mullins from making the arrest, causes Mullins to suffer a SERIOUS PHYSICAL INJURY. The most serious charge against Roger is
A: Assault 2nd Degree.
B: Assault 1st Degree
C: Resisting Arrest.
D: Assault on a Peace Officer, Police Officer, Fireman, or Emergency Medical Services Professional, etc.
D: It’s a Class C Felony.
Which of the following accusatory instruments is a VERIFIED written accusation?
A: Information
B: Simplified Information
C: Prosecutor’s Information
D: Indictment
A: So is a Misdemeanor Complaint and a Felony Complaint.
Which of the following IS an accusatory instrument?
A: Appearance Ticket
B: Felony Complaint
C: Sworn statement of a witness
D: Bill of Particulars
B: Felony Complaint
