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Criminal Law & Procedure Flashcards

7 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Criminal Law & Procedure flashcards as text

  1. Under New York law, what mens rea is required for second-degree murder under Penal Law § 125.25(1)?

    Answer: Intentionally causing death

    Second-degree murder under PL § 125.25(1) requires intent to cause the death of another person.

  2. A defendant is charged with burglary in New York. Which element distinguishes burglary from criminal trespass?

    Answer: The defendant must enter or remain with intent to commit a crime inside

    Burglary requires unlawful entry or remaining in a building with intent to commit a crime therein, distinguishing it from mere criminal trespass.

  3. Under CPL Article 710, a Mapp/Dunaway hearing is used to challenge evidence obtained through what?

    Answer: An allegedly unlawful search or seizure

    A Mapp hearing tests the legality of a search and seizure under the Fourth Amendment, while a Dunaway hearing tests whether an arrest was supported by probable cause.

  4. In New York, the Molineux rule governs the admissibility of:

    Answer: Evidence of other crimes or bad acts

    The Molineux rule restricts admission of a defendant's prior bad acts or crimes but permits them for limited purposes such as proving intent, identity, or common scheme.

  5. Under New York law, a person is guilty of robbery in the first degree when they forcibly steal property and:

    Answer: They use or threaten immediate use of a dangerous instrument

    First-degree robbery under PL § 160.15 is elevated when the defendant uses or threatens immediate use of a dangerous instrument during the theft.

  6. Which standard applies when a New York court reviews the sufficiency of evidence presented to a grand jury?

    Answer: Probable cause — legally sufficient evidence to establish each element

    Grand jury evidence need only be legally sufficient — prima facie evidence establishing probable cause for each element of the offense.

  7. A defendant charged in New York with a felony has the right to a jury of how many persons?

    Answer: 12

    Under CPL § 270.05, felony trials in New York require a jury of 12 persons, consistent with constitutional requirements.