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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 New York law, what is the legal standard for a valid waiver of Miranda rights?

    Answer: The waiver must be knowing, voluntary, and intelligent

    A valid Miranda waiver under New York law requires that it be knowing (the suspect understands the rights), voluntary (not coerced), and intelligent (made with awareness of the consequences).

  2. Under New York Penal Law § 35.15, when is a person justified in using physical force in self-defense?

    Answer: When the person reasonably believes it is necessary to defend against the imminent use of unlawful physical force by another

    PL § 35.15 justifies the use of physical force when a person reasonably believes it is necessary to defend against the imminent use of unlawful physical force.

  3. Under New York CPL § 710.20, what is the procedure for challenging the admissibility of evidence obtained through an unlawful search?

    Answer: Filing a motion to suppress before trial

    CPL § 710.20 provides that a defendant must file a pre-trial motion to suppress evidence claimed to have been obtained through an unlawful search and seizure.

  4. Under New York law, what is a grand jury's role in felony prosecutions?

    Answer: To hear evidence and determine whether there is legally sufficient evidence to indict the defendant

    Under CPL Article 190, the grand jury hears evidence presented by the prosecution and determines whether there is legally sufficient evidence and reasonable cause to believe the defendant committed a felony, warranting an indictment.

  5. Under CPL § 440.10, on what grounds may a defendant move to vacate a judgment of conviction?

    Answer: Newly discovered evidence, constitutional violations, ineffective assistance of counsel, or fraud

    CPL § 440.10 provides multiple grounds for post-conviction relief including newly discovered evidence, constitutional violations, fraud by the prosecution, and ineffective assistance of counsel.

  6. Under New York's bail reform laws (effective 2020), for which category of offenses must the court generally release the defendant without monetary bail?

    Answer: Most misdemeanors and non-violent felonies

    Under CPL § 510.10 as amended, courts must release defendants charged with most misdemeanors and non-violent felonies on recognizance or non-monetary conditions, without setting monetary bail.