NYLE Criminal Law & Procedure 4

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?

Accepted Answer

Imminent use of deadly physical force by another person

Answer

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:

Accepted Answer

The weight/quantity of the substance possessed

Answer

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?

Accepted Answer

When the identifying witness testifies and is subject to cross-examination about the prior identification

Answer

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)?

Accepted Answer

The defendant is committed to a psychiatric facility until no longer dangerous

Answer

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?

Accepted Answer

Reckless crimes

Answer

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.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Criminal Law & Procedure 4