NY Bar Criminal Law and Procedure

Question 1

Under Miranda v. Arizona, police must give Miranda warnings before custodial interrogation. A suspect is 'in custody' when:

Accepted Answer

A reasonable person in their position would not feel free to leave

Answer

They are at a police station for any reason

Answer

Police have probable cause to arrest them

Answer

They have been formally charged with a crime

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?

Accepted Answer

An enumerated dangerous felony

Answer

Any crime

Answer

Any misdemeanor

Answer

Any crime involving weapons

Question 3

Under New York law, which mental state distinguishes second-degree murder from first-degree manslaughter?

Accepted Answer

Intent to kill versus recklessness causing death

Answer

Intent to cause serious physical injury versus intent to kill

Answer

Recklessness versus intentional conduct

Answer

Negligence versus recklessness

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?

Accepted Answer

All of the above

Answer

Inevitable discovery

Answer

The good faith exception

Answer

Independent source

Question 5

Under New York law, affirmative defense of duress requires that the defendant acted because of a threat of:

Accepted Answer

Imminent death or serious physical injury

Answer

Any harm

Answer

Financial ruin or humiliation

Answer

Harm to property or reputation

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:

Accepted Answer

$1,000,000

Answer

$1,000

Answer

$3,000

Answer

$50,000