NYLE Criminal Law & Procedure 2

Question 1

Under New York law, what mens rea is required for second-degree murder under Penal Law § 125.25(1)?

Accepted Answer

Intentionally causing death

Answer

Second-degree murder under PL § 125.25(1) requires intent to cause the death of another person.

Question 2

A defendant is charged with burglary in New York. Which element distinguishes burglary from criminal trespass?

Accepted Answer

The defendant must enter or remain with intent to commit a crime inside

Answer

Burglary requires unlawful entry or remaining in a building with intent to commit a crime therein, distinguishing it from mere criminal trespass.

Question 3

Under CPL Article 710, a Mapp/Dunaway hearing is used to challenge evidence obtained through what?

Accepted Answer

An allegedly unlawful search or seizure

Answer

A Mapp hearing tests the legality of a search and seizure under the Fourth Amendment, while a Dunaway hearing tests whether an arrest was supported by probable cause.

Question 4

In New York, the Molineux rule governs the admissibility of:

Accepted Answer

Evidence of other crimes or bad acts

Answer

The Molineux rule restricts admission of a defendant's prior bad acts or crimes but permits them for limited purposes such as proving intent, identity, or common scheme.

Question 5

Under New York law, a person is guilty of robbery in the first degree when they forcibly steal property and:

Accepted Answer

They use or threaten immediate use of a dangerous instrument

Answer

First-degree robbery under PL § 160.15 is elevated when the defendant uses or threatens immediate use of a dangerous instrument during the theft.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Criminal Law & Procedure 2