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

CPL § 30.30(1)(a) requires the People to be ready for trial within six months (180 days) of the commencement of a felony action. Excludable periods toll the clock, but once 180 chargeable days elapse the defendant may move to dismiss.

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

Burglary in the first degree (PL § 140.30) elevates from third-degree burglary because the dwelling element is combined with at least one aggravating factor: being armed with a deadly weapon, causing physical injury, using/threatening a dangerous instrument, or displaying what appears to be a firearm. Mere occupancy does not by itself elevate to first degree.

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

CPL § 710.20 authorizes suppression on constitutional grounds — unlawful search, Miranda/right-to-counsel violations, and suggestive identification procedures. 'Cumulative and prejudicial' is an evidentiary objection governed by relevance rules, not a basis for a § 710.20 suppression motion.

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

PL § 160.15(1) elevates robbery to the first degree when a non-participant (a bystander, not an accomplice) suffers serious physical injury. PL § 160.10(2)(a) covers second-degree robbery when any person suffers physical injury. The identity of the victim and severity of injury are the key statutory distinctions.

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

Under CPL § 190.50, a defendant has the right to testify before the grand jury if she serves timely written notice on the prosecutor, but counsel may only wait outside and consult during recesses — counsel is not permitted inside the grand jury room during actual testimony. Testimony given under a waiver of immunity can be used at trial.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

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