NYLE Criminal Law & Procedure 5 — Questions and Answers
Question 1: Under New York law, which statement correctly describes the 'emergency exception' to the warrant requirement for searches?
- Police may search any time they believe a crime has been committed
- Police may enter without a warrant when there is an objectively reasonable basis to believe someone inside faces imminent danger (Correct answer)
- The exception applies only to fire emergencies
- Police must obtain telephonic approval before invoking the exception
Correct answer: Police may enter without a warrant when there is an objectively reasonable basis to believe someone inside faces imminent danger
The emergency doctrine permits warrantless entry when police have an objectively reasonable basis to believe that someone inside is in imminent danger requiring immediate assistance.
Question 2: Under New York's accomplice liability statute (PL § 20.00), a person is liable as an accomplice when they:
- Merely know about the crime in advance
- Intentionally aid, abet, solicit, or encourage another to commit the offense (Correct answer)
- Fail to report a crime they witnessed
- Receive stolen property after the crime
Correct answer: Intentionally aid, abet, solicit, or encourage another to commit the offense
Accomplice liability under PL § 20.00 requires that the person intentionally aid or encourage another's commission of the offense, sharing the mental culpability.
Question 3: At a Wade hearing in New York, a court determines whether:
- A confession was voluntarily given
- An identification procedure was unduly suggestive and, if so, whether the in-court identification has an independent source (Correct answer)
- Probable cause existed for an arrest
- Physical evidence should be suppressed under the Fourth Amendment
Correct answer: An identification procedure was unduly suggestive and, if so, whether the in-court identification has an independent source
A Wade hearing evaluates the constitutionality of pretrial identification procedures; if unduly suggestive, the court then determines whether an independent basis exists for an in-court identification.
Question 4: Under New York Penal Law, what is the primary distinction between larceny by trick and larceny by false pretenses?
- The value of property taken
- Whether the victim transferred title or merely possession (Correct answer)
- Whether a weapon was used
- Whether the victim was a business or an individual
Correct answer: Whether the victim transferred title or merely possession
Larceny by trick obtains only possession through deception, while larceny by false pretenses obtains title (ownership) through misrepresentation of material fact.
Question 5: In New York, a defendant who voluntarily becomes intoxicated and commits a crime may use voluntary intoxication as a defense only to negate:
- All mental culpability elements
- Specific intent, but not general intent or recklessness (Correct answer)
- Recklessness only
- Negligence only
Correct answer: Specific intent, but not general intent or recklessness
Under PL § 15.25, voluntary intoxication may be considered only to negate an element requiring intent or knowledge (specific intent), not recklessness or negligence.
Question 6: Under New York's Sandoval rule, before a defendant testifies at trial the court determines:
- Whether the defendant's prior convictions may be used to impeach credibility (Correct answer)
- Whether the defendant may call character witnesses
- Whether the prosecutor may call rebuttal witnesses
- Whether prior bad acts evidence is admissible in the prosecution's case-in-chief
Correct answer: Whether the defendant's prior convictions may be used to impeach credibility
A Sandoval hearing allows the court to rule in advance on which prior convictions or bad acts the prosecutor may use to impeach the defendant if they choose to testify.
Question 7: Under CPL § 220.10, a defendant may enter a plea of guilty to a lesser included offense without the People's consent when:
- The court finds the evidence insufficient to support the charged offense
- The defendant is charged with a class A felony and pleads to a class B felony
- The court in its discretion permits such a plea in the interest of justice (Correct answer)
- The victim consents to the reduced charge
Correct answer: The court in its discretion permits such a plea in the interest of justice
Under CPL § 220.10(4), a court may accept a plea to a lesser offense in the interest of justice, even without the prosecutor's consent, when special circumstances warrant it.
NYLE Criminal Law & Procedure 5
Under New York law, which statement correctly describes the 'emergency exception' to the warrant requirement for searches?