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

Accomplice liability in New York requires that the accomplice intentionally aid the principal in the criminal act while sharing the mental state required for the crime charged.

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

New York attempted murder requires the intent to kill (not merely to cause serious injury) and conduct that constitutes a substantial step toward completing the killing.

Question 3

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

Accepted Answer

Both B and C

Answer

The exclusionary rule does not apply to grand jury proceedings or sentencing hearings because the deterrence rationale that justifies the rule is diminished in those contexts.

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

Terry stops are justified by reasonable articulable suspicion—specific, objective facts that criminal activity may be afoot, which is a lower standard than probable cause.

Question 5

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

Accepted Answer

First-degree manslaughter

Answer

In New York, extreme emotional disturbance is an affirmative defense that, if proven, reduces intentional murder to first-degree manslaughter.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Criminal Law and Procedure 3