NYLE - New York Law NY Criminal Law & Procedure Questions and Answers

Question 1

A defendant is arrested for a Class B felony in New York. According to CPL § 30.30, the 'ready rule,' within what period must the prosecution generally announce their readiness for trial, excluding any excludable time?

Accepted Answer

6 months from the commencement of the criminal action.

Answer

Under New York's Criminal Procedure Law § 30.30, the prosecution must be ready for trial within six months of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a felony. The other time periods listed apply to misdemeanors and violations, not felonies.

Question 2

A person steals a brand new laptop with a fair market value of $2,500 from an electronics store in Manhattan. Which of the following is the highest degree of larceny the person can be charged with under the New York Penal Law?

Accepted Answer

Grand Larceny in the Third Degree

Answer

Grand Larceny in the Third Degree, a Class D felony under Penal Law § 155.35, applies when the value of the stolen property exceeds $3,000. Since the laptop is valued at $2,500, which is more than $1,000 but not more than $3,000, the correct charge is Grand Larceny in the Fourth Degree under Penal Law § 155.30(1). Grand Larceny in the Second Degree requires a value over $50,000, and Petit Larceny applies when the value is $1,000 or less.

Question 3

An individual is in their apartment in Brooklyn when an intruder breaks in. The individual reasonably believes the intruder is about to use deadly physical force against them. Under New York Penal Law § 35.15 regarding the justification defense, what is the individual's duty before resorting to the use of deadly physical force?

Accepted Answer

No duty to retreat.

Answer

New York Penal Law § 35.15(2)(a)(i) establishes the 'castle doctrine,' which states that a person is under no duty to retreat if they are in their own dwelling and are not the initial aggressor. In any other location, a person has a duty to retreat before using deadly force if they know they can do so with complete personal safety. Because the individual is in their own dwelling, the duty to retreat is eliminated.

Question 4

In a New York grand jury proceeding, what is the minimum number of jurors required to be present for the proceedings to be valid (a quorum), and what is the minimum number of jurors who must concur to vote for an indictment?

Accepted Answer

16 present for a quorum; 12 to indict.

Answer

According to New York's Criminal Procedure Law § 190.25(1), the proceedings of a grand jury are not valid unless at least sixteen members are present, which constitutes a quorum. The same section states that the finding of an indictment requires the concurrence of at least twelve members.

Question 5

Three individuals agree to commit a burglary. Two enter a home while the third, who is unarmed, acts as a lookout across the street. During the burglary, one of the individuals inside the home unexpectedly shoots and kills the homeowner. The lookout is later charged with felony murder. Which of the following facts, if proven by the lookout, would support an affirmative defense to the felony murder charge under Penal Law § 125.25(3)?

Accepted Answer

The lookout had no reasonable ground to believe any other participant was armed.

Answer

Under Penal Law § 125.25(3), it is an affirmative defense to felony murder if the defendant can prove, among other elements, that they had no reasonable ground to believe that any other participant was armed with a deadly weapon. Simply not entering the home is insufficient, as is a subjective lack of intent to kill (which is the point of the felony murder rule). Coercion might be a defense to the underlying burglary but is not part of the specific affirmative defense to felony murder.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE - New York Law NY Criminal Law & Procedure Questions and Answers