NYLE Criminal Law & Procedure 4 — Questions and Answers
Question 1: Under New York law, the defense of justification (self-defense) requires a defendant to have reasonably believed that deadly physical force was necessary to defend against what?
- Any offensive touching
- Imminent use of deadly physical force by another person (Correct answer)
- Any crime being committed against them
- A verbal threat of future harm
Correct answer: Imminent use of deadly physical force by another person
PL § 35.15 permits use of deadly physical force only when the defendant reasonably believed the other person was about to use deadly physical force against them.
Question 2: In New York, the crime of criminal possession of a controlled substance is classified primarily based on:
- The defendant's prior criminal record
- The weight/quantity of the substance possessed (Correct answer)
- Where the substance was found
- Whether a weapon was also present
Correct answer: The weight/quantity of the substance possessed
New York's drug possession crimes are graded by the weight of the controlled substance, with higher weights triggering higher degrees of the offense.
Question 3: Under CPL § 60.25, when may a prior identification be admitted as evidence at trial in New York?
- Whenever the witness testifies at trial
- When the identifying witness is unavailable
- When the identifying witness testifies and is subject to cross-examination about the prior identification (Correct answer)
- Only when the defendant stipulates to its admission
Correct answer: When the identifying witness testifies and is subject to cross-examination about the prior identification
Prior identification evidence is admissible under CPL § 60.25 when the identifying witness testifies at trial and is available for cross-examination concerning the prior identification.
Question 4: Under New York law, what is the effect of a finding of 'not responsible by reason of mental disease or defect' (insanity)?
- The defendant is released unconditionally
- The defendant is committed to a psychiatric facility until no longer dangerous (Correct answer)
- The defendant serves a reduced prison term
- The charges are dismissed and cannot be refiled
Correct answer: The defendant is committed to a psychiatric facility until no longer dangerous
A verdict of not responsible by reason of mental disease or defect results in mandatory commitment to a secure psychiatric facility, subject to periodic review.
Question 5: Under the New York Penal Law, which crime requires proof that the defendant was aware of and consciously disregarded a substantial and unjustifiable risk?
- Intentional crimes
- Reckless crimes (Correct answer)
- Negligent crimes
- Strict liability crimes
Correct answer: Reckless crimes
Recklessness under PL § 15.05(3) is defined as conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of a reasonable person.
Question 6: A defendant in New York is charged with conspiracy. Under PL § 105.20, what is generally required in addition to the agreement?
- The crime must be completed
- At least one party must take an overt act in furtherance of the conspiracy (Correct answer)
- All conspirators must be identified and charged
- The agreement must be in writing or recorded
Correct answer: At least one party must take an overt act in furtherance of the conspiracy
New York conspiracy generally requires proof of an agreement plus an overt act by any conspirator in furtherance of the conspiracy, though first-degree conspiracy has no overt act requirement.
Question 7: Under CPL Article 730, a defendant found to be an incapacitated person (incompetent to stand trial) must be:
- Acquitted of all charges
- Committed to a secure mental health facility and the criminal proceedings suspended (Correct answer)
- Tried in absentia
- Sentenced to time served and released
Correct answer: Committed to a secure mental health facility and the criminal proceedings suspended
When a defendant is found incompetent to stand trial under CPL Article 730, criminal proceedings are suspended and the defendant is committed for treatment until competency is restored.
NYLE Criminal Law & Procedure 4
Under New York law, the defense of justification (self-defense) requires a defendant to have reasonably believed that deadly physical force was necessary to defend against what?