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

The Sixth Amendment right to counsel attaches at the initiation of formal adversarial proceedings, whether by indictment, arraignment, or initial appearance before a judicial officer.

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

New York's insanity defense requires that the defendant lacked substantial capacity to know or appreciate the nature and consequences of the conduct or that the conduct was wrong.

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

The dual sovereignty doctrine allows a state and the federal government to each prosecute a defendant for the same conduct because they are separate sovereigns.

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

The automobile exception allows a warrantless search of any area of the vehicle, including the trunk and containers, where the evidence sought might reasonably be found.

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

New York first-degree robbery requires that during the larceny the actor causes serious physical injury to any person, or is armed with a deadly weapon, or uses or threatens use of a dangerous instrument, or displays what appears to be a firearm.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Criminal Law and Procedure 2