NYLE Criminal Law & Procedure 5

Question 1

Under New York law, which statement correctly describes the 'emergency exception' to the warrant requirement for searches?

Accepted Answer

Police may enter without a warrant when there is an objectively reasonable basis to believe someone inside faces imminent danger

Answer

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:

Accepted Answer

Intentionally aid, abet, solicit, or encourage another to commit the offense

Answer

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:

Accepted Answer

An identification procedure was unduly suggestive and, if so, whether the in-court identification has an independent source

Answer

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?

Accepted Answer

Whether the victim transferred title or merely possession

Answer

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:

Accepted Answer

Specific intent, but not general intent or recklessness

Answer

Under PL § 15.25, voluntary intoxication may be considered only to negate an element requiring intent or knowledge (specific intent), not recklessness or negligence.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Criminal Law & Procedure 5