PL 55

Question 1

Offense

Answer 1

Conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state, or by any law local or otherwise.

Question 2

Traffic infraction

Answer 2

Offenses defined in the Vehicle and Traffic law

Question 3

Violation

Answer 3

An offense other than a traffic infraction for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed. A VIOLATION IS NOT A CRIME.

Question 4

Misdemeanor

Answer 4

Other than a traffic infraction for which a sentence to a term of imprisonment in excess of fifteen days MAY be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed.

Question 5

Felony

Answer 5

Any offense for which a sentence to a term of imprisonment in excess of one year may be imposed.

Question 6

Crime

Answer 6

A misdemeanor or felony

Question 7

Article 55 governs the classification and designation of what?

Answer 7

EVERY OFFENSE whether it is defined within or outside the chapter (i.e. the CPL too)

Question 8

Felonies are classified into how many categories?

Answer 8

FIVE (5) CATEGORIES for the purpose of sentence

• Class A
  - Subclass A-I
  - Subclass A-II
• Class B
• Class C
• Class D
• Class E

NOTE: The subclasses are NOT counted as categories. They are merely subclasses of Class A felonies

Question 9

How many subclasses of Class A felonies are there?

Answer 9

TWO (2) SUBCLASSES

• Class A-I
• Class A-II

Question 10

How many categories of Misdemeanors are there?

Answer 10

THREE (3) CATEGORIES

-Class A
-Class B
Unclassified

Question 11

Any offense NOT classified by this chapter (an offense NOT in the Penal Law), which can result in a term of imprisonment of MORE than one year shall be deemed what?

Answer 11

A Class E felony

Question 12

Misdemeanors in the Penal law are classified as what?

Answer 12

Either Class A or Class B

Question 13

Any offense defined outside the Penal Law but DECLARED TO BE A MISDEMEANOR and they have no classification or the sentence to be imposed is deemed what?

Answer 13

A class A misdemeanor

Question 14

If an offense is defined outside this chapter, and they specify a sentence in excess of fifteen days but NOT more than a year, then it is considered what?

Answer 14

An unclassified misdemeanor

Question 15

Any offense outside this chapter shall be deemed a violation if:

Answer 15

The term of imprisonment cannot be more than 15 days OR the only sentence can be a fine.

SPECIAL RULE: An offense will still be considered a violation, even though the sentence is over 15 days, as long as the offense was not considered a crime prior to the date of this chapter

TRAFFIC OFFENSES are not deemed violations or misdemeanors solely based upon the sentence.