NYLE NY Criminal Law & Procedure 2

Question 1

Under the New York Criminal Procedure Law (CPL), what is the standard for issuing an arrest warrant?

Accepted Answer

Reasonable cause to believe the defendant committed the offense

Answer

Proof beyond a reasonable doubt

Answer

A preponderance of the evidence

Answer

Clear and convincing evidence of guilt

Question 2

Under New York Penal Law, what distinguishes murder in the second degree from manslaughter in the first degree?

Accepted Answer

Murder requires intent to cause death, while manslaughter requires intent to cause serious physical injury resulting in death

Answer

Murder requires premeditation, while manslaughter does not

Answer

Murder involves a firearm, while manslaughter involves other weapons

Answer

There is no distinction; they are the same offense with different penalties

Question 3

Under New York's CPL, what rights does a defendant have at arraignment?

Accepted Answer

The right to counsel, to be informed of the charges, and to have bail set or be released on recognizance

Answer

Only the right to enter a plea of guilty

Answer

The right to a jury trial at that proceeding

Answer

The right to confront witnesses and cross-examine them

Question 4

Under New York's discovery reform (CPL § 245.20), what is the prosecution's general obligation regarding disclosure?

Accepted Answer

Automatic disclosure of all known material and information related to the case within specified timeframes

Answer

Disclosure only upon specific defense request

Answer

No obligation to disclose until trial

Answer

Disclosure only of exculpatory material (Brady material)

Question 5

Under New York Penal Law, what is the classification of a Class A-1 felony, and what is the maximum sentence?

Accepted Answer

The most serious felony classification, punishable by life imprisonment

Answer

A mid-level felony punishable by up to 15 years

Answer

A non-violent felony punishable by probation only

Answer

An offense punishable by a maximum of 25 years

Question 6

Under New York law, what is the speedy trial time limit for felony prosecutions?

Accepted Answer

The prosecution must be ready for trial within six months (182 days) of commencement of the action

Answer

The trial must begin within 90 days of arraignment

Answer

There is no specific time limit; only the constitutional standard applies

Answer

The prosecution has one year from arrest to bring the case to trial