Criminal Law & Procedure Flashcards

Under New York law, the defense of justification (self-defense) requires a defendant to have reasonably believed that deadly physical force was necessary to defend against what?

Answer: Imminent use of deadly physical force by another person

PL § 35.15(2)(a) permits deadly physical force when the actor reasonably believes the other person is using or about to use deadly physical force against him or her (or in the limited situations in § 35.15(2)(b), such as kidnapping, forcible rape, robbery or burglary). The belief must be reasonable and the threatened force imminent; an offensive touching, a mere crime, or a threat of future harm does not suffice.

In New York, the crime of criminal possession of a controlled substance is classified primarily based on:

Answer: The weight/quantity of the substance possessed

New York's drug possession crimes are graded by the weight of the controlled substance, with higher weights triggering higher degrees of the offense.

Under CPL § 60.30, when may testimony about a prior identification of the defendant be admitted as evidence at trial in New York?

Answer: When the witness identifies the defendant in court, testifies to having previously identified him or her, and is subject to cross-examination (CPL 60.30)

CPL § 60.30 allows the People to prove that a witness previously identified the defendant when the witness testifies that he or she observed the defendant at the relevant time and identifies the defendant at trial, and the witness is available for cross-examination about the earlier identification. (CPL 60.25 covers the separate situation where the witness cannot identify the defendant in court.)

Under New York law, what is the effect of a finding of 'not responsible by reason of mental disease or defect' (insanity)?

Answer: The defendant is committed to a secure psychiatric facility or placed under an order of conditions, depending on dangerousness, under CPL 330.20

After a verdict of not responsible by reason of mental disease or defect (PL § 40.15), CPL § 330.20 requires examination of the defendant. If he or she has a dangerous mental disorder the court commits to a secure facility; if mentally ill but not dangerous, to a non-secure facility; if no longer mentally ill, the court issues an order of conditions and release. The defendant is not released unconditionally and is not sent to prison.

Under the New York Penal Law, which crime requires proof that the defendant was aware of and consciously disregarded a substantial and unjustifiable risk?

Answer: Reckless crimes

Recklessness under PL § 15.05(3) is defined as conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of a reasonable person.

A defendant in New York is charged with conspiracy. Under PL § 105.20, what is generally required in addition to the agreement?

Answer: At least one party must take an overt act in furtherance of the conspiracy

PL § 105.20 provides that a person shall not be convicted of conspiracy unless an overt act is alleged and proved to have been committed by one of the conspirators in furtherance of the conspiracy. The requirement applies to every degree of conspiracy.

Under CPL Article 730, a defendant found to be an incapacitated person (incompetent to stand trial) must be:

Answer: Committed to a secure mental health facility and the criminal proceedings suspended

When a defendant is found incompetent to stand trial under CPL Article 730, criminal proceedings are suspended and the defendant is committed for treatment until competency is restored.