NY Bar Criminal Law and Procedure 1 — Questions and Answers
Question 1: Under Miranda v. Arizona, police must give Miranda warnings before custodial interrogation. A suspect is 'in custody' when:
- They are at a police station for any reason
- A reasonable person in their position would not feel free to leave (Correct answer)
- Police have probable cause to arrest them
- They have been formally charged with a crime
Correct answer: A reasonable person in their position would not feel free to leave
Custody is determined by whether a reasonable person in the suspect's circumstances would feel free to terminate the encounter and leave.
Question 2: In New York, the felony murder rule holds a defendant liable for murder if a co-felon kills during the commission of which type of crime?
- Any crime
- Any misdemeanor
- An enumerated dangerous felony (Correct answer)
- Any crime involving weapons
Correct answer: An enumerated dangerous felony
New York's felony murder statute applies only when a death occurs during the commission of specific enumerated dangerous felonies such as robbery, burglary, kidnapping, and arson.
Question 3: Under New York law, which mental state distinguishes second-degree murder from first-degree manslaughter?
- Intent to cause serious physical injury versus intent to kill
- Recklessness versus intentional conduct
- Intent to kill versus recklessness causing death (Correct answer)
- Negligence versus recklessness
Correct answer: Intent to kill versus recklessness causing death
Second-degree murder requires intentional killing; first-degree manslaughter requires intent to cause serious physical injury with death resulting, or reckless conduct under extreme emotional disturbance.
Question 4: The Fourth Amendment exclusionary rule bars admission of evidence obtained through an unconstitutional search. Which of the following is an exception to the exclusionary rule?
- Inevitable discovery
- The good faith exception
- Independent source
- All of the above (Correct answer)
Correct answer: All of the above
The exclusionary rule has several exceptions including inevitable discovery, good faith reliance on a warrant, and independent source, all of which allow otherwise tainted evidence to be admitted.
Question 5: Under New York law, affirmative defense of duress requires that the defendant acted because of a threat of:
- Any harm
- Imminent death or serious physical injury (Correct answer)
- Financial ruin or humiliation
- Harm to property or reputation
Correct answer: Imminent death or serious physical injury
Duress as an affirmative defense in New York requires that the defendant was compelled to act by the use or threatened imminent use of unlawful physical force that created a reasonable apprehension of death or serious physical injury.
Question 6: A defendant is charged with larceny in New York. Grand larceny in the first degree requires that the value of the property stolen exceeds:
- $1,000
- $3,000
- $50,000
- $1,000,000 (Correct answer)
Correct answer: $1,000,000
Under New York Penal Law, grand larceny in the first degree requires that the value of the stolen property exceeds one million dollars.
NY Bar Criminal Law and Procedure 1
Under Miranda v.
Arizona, police must give Miranda warnings before custodial interrogation.
A suspect is 'in custody' when: