NY Bar Criminal Law and Procedure 3

Question 1

Under New York law, which of the following is required to establish accomplice liability?

Accepted Answer

The accomplice must share the mental state required for the offense

Answer

The accomplice must be present at the scene of the crime

Answer

The accomplice must commit the same act as the principal

Answer

The principal must be convicted first

Question 2

In New York, a person is guilty of attempted murder when they:

Accepted Answer

Intend to kill another person and engage in conduct that tends to effect the commission of such killing

Answer

Intend to cause serious physical injury and take a substantial step toward doing so

Answer

Recklessly create a risk of death and fire a weapon

Answer

Intend to cause fear of imminent bodily harm

Question 3

The exclusionary rule generally does not apply to which of the following proceedings?

Accepted Answer

Both B and C

Answer

Criminal trials

Answer

Grand jury proceedings

Answer

Sentencing hearings

Question 4

Under Terry v. Ohio, a police officer may stop and briefly detain a person based on:

Accepted Answer

Reasonable articulable suspicion of criminal activity

Answer

Probable cause that a crime has been committed

Answer

Any observation of suspicious behavior

Answer

A hunch or intuition based on experience

Question 5

New York's 'extreme emotional disturbance' defense, if successful, reduces a charge of murder to:

Accepted Answer

First-degree manslaughter

Answer

Criminally negligent homicide

Answer

Second-degree manslaughter

Answer

Negligent homicide

Question 6

A defendant in New York is charged with burglary. First-degree burglary in New York requires that the building entered was a:

Accepted Answer

Dwelling

Answer

Commercial establishment

Answer

Government building

Answer

Financial institution