NYLE - New York Law Exam NY Criminal Law & Procedure 1

Question 1

Under New York CPL § 30.30, what is the maximum period within which the People must be ready for trial on a felony charge before a defendant may move to dismiss on speedy-trial grounds?

Accepted Answer

180 days from the commencement of the criminal action

Answer

90 days from the commencement of the criminal action

Answer

6 months from the date of indictment only

Answer

1 year from the commencement of the criminal action

Question 2

Under New York Penal Law § 140.30, a person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein AND:

Accepted Answer

He or another participant is armed with a deadly weapon, causes physical injury, uses or threatens use of a dangerous instrument, or displays what appears to be a firearm

Answer

The dwelling is occupied by any person at the time

Answer

The value of property taken exceeds $50,000

Answer

He commits the crime between the hours of sunset and sunrise

Question 3

Under CPL § 710.20, which of the following is NOT a recognized ground for a motion to suppress evidence in New York?

Accepted Answer

The evidence is cumulative and therefore prejudicial to the defendant

Answer

The evidence was obtained by means of an unlawful search and seizure

Answer

A statement was taken in violation of the defendant's right to counsel

Answer

The lineup identification procedure was unduly suggestive

Question 4

Under New York Penal Law, what mental state distinguishes robbery in the first degree (PL § 160.15) from robbery in the second degree (PL § 160.10) when the aggravating factor involves injury?

Accepted Answer

First-degree robbery requires that a non-participant suffer serious physical injury; second-degree requires only that any person suffer physical injury

Answer

First-degree robbery requires intent to cause serious physical injury; second-degree requires only recklessness as to physical injury

Answer

Both degrees require the same mental state — the distinction is solely the class of victim

Answer

First-degree robbery requires use of a firearm; physical injury is irrelevant to the degree distinction

Question 5

Under CPL Article 190, which of the following statements accurately describes a defendant's rights before a New York grand jury?

Accepted Answer

A defendant has the right to testify before the grand jury upon giving timely written notice, but counsel may not accompany the defendant inside the grand jury room

Answer

A defendant has an absolute right to testify before the grand jury and, if she chooses to do so, has a right to have counsel present in the grand jury room during her testimony

Answer

A defendant has no right to testify before the grand jury; the prosecution controls the presentation entirely

Answer

A defendant must testify before the grand jury if subpoenaed, and her testimony may be used against her at trial without restriction

Question 6

Under New York's felony murder statute (PL § 125.25(3)), which of the following is a complete affirmative defense to felony murder?

Accepted Answer

The defendant did not commit, solicit, or aid the underlying felony; did not cause the death; had no reasonable ground to believe any other participant was armed; and had no reasonable ground to believe any participant intended to engage in conduct likely to result in death or serious physical injury

Answer

The defendant did not personally cause the death of the victim

Answer

The defendant was under the age of 18 at the time of the offense

Answer

The defendant voluntarily withdrew from the underlying felony before any injury occurred