NYLE - New York Law NY Criminal Law & Procedure Questions and Answers

Question 1

A defendant is arrested for a Class B felony in New York.
According to CPL § 30.30, the 'ready rule,' within what period must the prosecution generally announce their readiness for trial, excluding any excludable time?

Accepted Answer

6 months from the commencement of the criminal action.

Answer

90 days from the commencement of the criminal action.

Answer

60 days from the commencement of the criminal action.

Answer

12 months from the commencement of the criminal action.

Question 2

A person steals a brand new laptop with a fair market value of $2,500 from an electronics store in Manhattan. Which of the following is the highest degree of larceny the person can be charged with under the New York Penal Law?

Accepted Answer

Grand Larceny in the Third Degree

Answer

Grand Larceny in the Fourth Degree

Answer

Grand Larceny in the Second Degree

Answer

Petit Larceny

Question 3

An individual is in their apartment in Brooklyn when an intruder breaks in. The individual reasonably believes the intruder is about to use deadly physical force against them. Under New York Penal Law § 35.15 regarding the justification defense, what is the individual's duty before resorting to the use of deadly physical force?

Accepted Answer

No duty to retreat.

Answer

A duty to retreat to their bedroom and lock the door if possible.

Answer

A duty to shout a verbal warning to the intruder.

Answer

A duty to retreat from the apartment completely if a safe escape path exists.

Question 4

In a New York grand jury proceeding, what is the minimum number of jurors required to be present for the proceedings to be valid (a quorum), and what is the minimum number of jurors who must concur to vote for an indictment?

Accepted Answer

16 present for a quorum; 12 to indict.

Answer

12 present for a quorum; 9 to indict.

Answer

23 present for a quorum; 16 to indict.

Answer

18 present for a quorum; 12 to indict.

Question 5

Three individuals agree to commit a burglary. Two enter a home while the third, who is unarmed, acts as a lookout across the street. During the burglary, one of the individuals inside the home unexpectedly shoots and kills the homeowner. The lookout is later charged with felony murder. Which of the following facts, if proven by the lookout, would support an affirmative defense to the felony murder charge under Penal Law § 125.25(3)?

Accepted Answer

The lookout had no reasonable ground to believe any other participant was armed.

Answer

The lookout did not enter the home where the killing occurred.

Answer

The lookout subjectively did not intend for anyone to be killed.

Answer

The lookout was coerced into participating in the burglary.

Question 6

A police officer lawfully stops a car for a traffic violation. The officer develops probable cause to believe the car contains evidence of a crime unrelated to the traffic stop. Under the 'automobile exception' to the warrant requirement as interpreted in New York, what is generally required for the officer to conduct a warrantless search of the vehicle?

Accepted Answer

Probable cause to search and a nexus between the arrest and the probable cause.

Answer

Probable cause alone is sufficient.

Answer

The driver's consent is always required.

Answer

A reasonable suspicion that the driver may destroy evidence.

A defendant is arrested for a Class B felony in New York.According to CPL § 30.30, the 'ready rule,' within what period must the prosecution generally announce their readiness for trial, excluding any excludable time?

A defendant is arrested for a Class B felony in New York.
According to CPL § 30.30, the 'ready rule,' within what period must the prosecution generally announce their readiness for trial, excluding any excludable time?