Criminal Law & Procedure Flashcards

Under the Aguilar-Spinelli test as applied in New York, a warrant based on an informant's tip requires the affidavit to establish:

Answer: Both the informant's veracity/reliability and the basis of knowledge

New York still applies the two-pronged Aguilar-Spinelli test, requiring the affidavit to address both the informant's reliability and the basis for the informant's knowledge.

Under CPL § 30.30, a charge of a Class A misdemeanor (punishable by more than three months' imprisonment) must be dismissed if the prosecution is not ready for trial within how many days of commencement of the criminal action?

Answer: 90 days

CPL § 30.30(1)(b) requires the People to be ready within 90 days of commencement where the most serious offense is a misdemeanor punishable by more than three months (a Class A misdemeanor). The period is 60 days for a Class B misdemeanor or offense punishable by up to three months (§ 30.30(1)(c)), 30 days for a violation, and six months for a felony.

The crime of assault in the first degree in New York (PL § 120.10) most commonly requires:

Answer: Intentionally causing serious physical injury with a deadly weapon or dangerous instrument

First-degree assault requires intentionally causing serious physical injury to another person by means of a deadly weapon or dangerous instrument.

In a New York criminal case, the People must disclose Rosario material, which consists of:

Answer: Prior written or recorded statements of prosecution witnesses relating to their testimony

Rosario material consists of prior written or recorded statements of prosecution witnesses relating to the subject matter of their testimony (People v. Rosario). Since the 2020 discovery reform, it is disclosed automatically under CPL § 245.20(1)(e) (formerly CPL § 240.45(1)).

Under New York's felony murder rule (PL § 125.25(3)), which underlying felony does NOT qualify as a predicate felony?

Answer: Assault in the third degree

Felony murder predicates are enumerated offenses including robbery, burglary, kidnapping, arson, rape, and escape; assault in the third degree is not among them.

A suspect invoking the right to counsel under the New York State Constitution is afforded greater protection than under Miranda because:

Answer: Questioning must cease and cannot resume even if the suspect later initiates conversation

Under New York's Indelible Right to Counsel rule, once a suspect invokes counsel, all questioning must cease and cannot resume even if the suspect subsequently waives the right without counsel present.

Which doctrine allows New York courts to suppress evidence where police conduct was unlawful under the state constitution even if it would be permissible under the federal Fourth Amendment?

Answer: Independent state grounds doctrine

Under the independent state grounds doctrine, New York courts may interpret the state constitution to provide broader protections than the federal constitution.