NY Criminal Law & Procedure 1 Flashcards

Under New York CPL § 30.30, what is the maximum period within which the People must be ready for trial on a felony charge before a defendant may move to dismiss on speedy-trial grounds?

Answer: Six calendar months from the commencement of the criminal action

CPL § 30.30(1)(a) requires the People to be ready for trial within six calendar months of the commencement of a felony action (not a fixed 180 days). Excludable periods under § 30.30(4) are subtracted, and if the People exceed the period the defendant may move to dismiss under CPL 210.20(1)(g).

Under New York Penal Law § 140.30, a person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein AND:

Answer: He or another participant is armed with a deadly weapon, causes physical injury, uses or threatens use of a dangerous instrument, or displays what appears to be a firearm

Burglary in the first degree (PL § 140.30) requires unlawfully entering or remaining in a dwelling with intent to commit a crime, plus at least one aggravating factor while effecting entry, inside, or in immediate flight: the defendant or another participant is armed with explosives or a deadly weapon, causes physical injury to a non-participant, uses or threatens the immediate use of a dangerous instrument, or displays what appears to be a firearm. Mere occupancy does not by itself elevate the crime.

Under CPL § 710.20, which of the following is NOT a recognized ground for a motion to suppress evidence in New York?

Answer: The evidence is cumulative and therefore prejudicial to the defendant

CPL § 710.20 authorizes suppression on constitutional grounds — unlawful search, Miranda/right-to-counsel violations, and suggestive identification procedures. 'Cumulative and prejudicial' is an evidentiary objection governed by relevance rules, not a basis for a § 710.20 suppression motion.

Under the New York Penal Law, what distinguishes robbery in the first degree (PL § 160.15(1)) from robbery in the second degree (PL § 160.10(2)(a)) when the aggravating factor involves injury?

Answer: First-degree robbery requires serious physical injury to a non-participant; second-degree requires only physical injury to a non-participant

PL § 160.15(1) makes robbery first degree (class B felony) when, in the course of the robbery or immediate flight, the defendant or another participant causes serious physical injury to a person who is not a participant. PL § 160.10(2)(a) makes it second degree (class C felony) when a participant causes physical injury to a person who is not a participant. Both require a non-participant victim; the difference is serious physical injury versus physical injury, with no separate mental-state distinction.

Under CPL Article 190, which of the following statements accurately describes a defendant's rights before a New York grand jury?

Answer: A defendant who serves timely written notice has the right to testify before the grand jury and, having signed a waiver of immunity, may have an attorney present in the grand jury room to advise but not otherwise participate

Under CPL 190.50(5)(a), a person against whom a charge is pending has the right to testify before the grand jury if, before indictment, he or she serves written notice on the district attorney. A witness who signs a waiver of immunity has a right to an attorney under CPL 190.52, and the attorney may be present in the grand jury room and may advise the witness but may not otherwise take part in the proceeding (CPL 190.52(2)). Testimony given after waiving immunity may be used against the defendant.

Under New York's felony murder statute (PL § 125.25(3)), which of the following is a complete affirmative defense to felony murder?

Answer: The defendant was not the only participant, did not commit or in any way solicit or aid the homicidal act, was not armed with a deadly weapon, and had no reasonable ground to believe any other participant was armed or intended conduct likely to result in death or serious physical injury

PL § 125.25(3) provides an affirmative defense to felony murder if the defendant (a) was not the only participant in the underlying crime; (b) did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid its commission; (c) was not armed with a deadly weapon or other dangerous instrument; (d) had no reasonable ground to believe any other participant was armed with such a weapon; and (e) had no reasonable ground to believe any other participant intended to engage in conduct likely to result in death or serious physical injury. Non-involvement in the homicide alone is not enough, and age or withdrawal are not elements.