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NY Criminal Law & Procedure Flashcards

6 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 6 NY Criminal Law & Procedure flashcards as text
  1. Under the New York Criminal Procedure Law (CPL), what is the standard for issuing an arrest warrant?

    Answer: Reasonable cause to believe the defendant committed the offense

    Under CPL § 120.20, a court may issue an arrest warrant upon reasonable cause to believe the defendant committed the offense charged.

  2. Under New York Penal Law, what distinguishes murder in the second degree from manslaughter in the first degree?

    Answer: Murder requires intent to cause death, while manslaughter requires intent to cause serious physical injury resulting in death

    Under PL § 125.25, murder in the second degree requires intent to cause the death of another person, while first-degree manslaughter under PL § 125.20 requires intent to cause serious physical injury that results in death.

  3. Under New York's CPL, what rights does a defendant have at arraignment?

    Answer: The right to counsel, to be informed of the charges, and to have bail set or be released on recognizance

    At arraignment under the CPL, a defendant has the right to be informed of the charges, to have counsel (assigned if indigent), and to have bail or release conditions determined.

  4. Under New York's discovery reform (CPL § 245.20), what is the prosecution's general obligation regarding disclosure?

    Answer: Automatic disclosure of all known material and information related to the case within specified timeframes

    CPL § 245.20, enacted in 2020, requires automatic and broad prosecution disclosure of all materials and information relating to the case, including witness lists, statements, and evidence.

  5. Under New York Penal Law, what is the classification of a Class A-1 felony, and what is the maximum sentence?

    Answer: The most serious felony classification, punishable by life imprisonment

    A Class A-1 felony is the most serious classification in New York's Penal Law, carrying a maximum sentence of life imprisonment.

  6. Under New York law, what is the speedy trial time limit for felony prosecutions?

    Answer: The prosecution must be ready for trial within six months of commencement of the action

    Under CPL § 30.30(1)(a), the prosecution must be ready for trial within six months (calendar months, computed from the commencement of the criminal action) when a felony is charged, subject to excludable time under § 30.30(4).