NY Bar Criminal Law and Procedure 2

Question 1

Under the Sixth Amendment, the right to counsel attaches at which point in proceedings?

Accepted Answer

At the initiation of formal adversarial proceedings

Answer

Upon arrest

Answer

At arraignment or initial appearance

Answer

Only at trial

Question 2

In a New York criminal case, a defendant enters a plea of not guilty by reason of mental disease or defect. Under New York law, the standard is whether the defendant lacked substantial capacity to:

Accepted Answer

Appreciate the nature and consequences of their conduct or that it was wrong

Answer

Understand the difference between right and wrong

Answer

Premeditate the crime

Answer

Conform conduct to the requirements of law

Question 3

Under Double Jeopardy principles, which of the following is NOT barred by the Fifth Amendment?

Accepted Answer

Prosecution by a state after federal prosecution for the same act

Answer

Retrial after acquittal

Answer

Retrial after a conviction is reversed on appeal

Answer

Successive prosecutions for the same offense by the same sovereign

Question 4

A police officer stops a car for a traffic violation and smells marijuana. Under the automobile exception to the Fourth Amendment, the officer may:

Accepted Answer

Search any area of the vehicle where the contraband might be found

Answer

Search the passenger compartment only

Answer

Search only with the driver's consent

Answer

Require everyone to exit but may not search without a warrant

Question 5

Under New York law, a person commits robbery in the first degree when, during the commission of a larceny, they:

Accepted Answer

Both B and C

Answer

Use any amount of physical force

Answer

Cause physical injury to a non-participant in the crime

Answer

Display what appears to be a firearm

Question 6

Under Brady v. Maryland, the prosecution must disclose evidence that is:

Accepted Answer

Exculpatory and material to guilt or punishment

Answer

Any evidence favorable to the defense regardless of materiality

Answer

Only evidence that proves innocence

Answer

Only prior inconsistent statements of witnesses