NYLE - New York Law Exam NY Criminal Law & Procedure 1 — Questions and Answers
Question 1: Under New York CPL § 30.30, what is the maximum period within which the People must be ready for trial on a felony charge before a defendant may move to dismiss on speedy-trial grounds?
- 90 days from the commencement of the criminal action
- 180 days from the commencement of the criminal action (Correct answer)
- 6 months from the date of indictment only
- 1 year from the commencement of the criminal action
Correct answer: 180 days from the commencement of the criminal action
CPL § 30.30(1)(a) requires the People to be ready for trial within six months (180 days) of the commencement of a felony action. Excludable periods toll the clock, but once 180 chargeable days elapse the defendant may move to dismiss.
Question 2: Under New York Penal Law § 140.30, a person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein AND:
- The dwelling is occupied by any person at the time
- He or another participant is armed with a deadly weapon, causes physical injury, uses or threatens use of a dangerous instrument, or displays what appears to be a firearm (Correct answer)
- The value of property taken exceeds $50,000
- He commits the crime between the hours of sunset and sunrise
Correct answer: He or another participant is armed with a deadly weapon, causes physical injury, uses or threatens use of a dangerous instrument, or displays what appears to be a firearm
Burglary in the first degree (PL § 140.30) elevates from third-degree burglary because the dwelling element is combined with at least one aggravating factor: being armed with a deadly weapon, causing physical injury, using/threatening a dangerous instrument, or displaying what appears to be a firearm. Mere occupancy does not by itself elevate to first degree.
Question 3: Under CPL § 710.20, which of the following is NOT a recognized ground for a motion to suppress evidence in New York?
- The evidence was obtained by means of an unlawful search and seizure
- A statement was taken in violation of the defendant's right to counsel
- The lineup identification procedure was unduly suggestive
- The evidence is cumulative and therefore prejudicial to the defendant (Correct answer)
Correct answer: The evidence is cumulative and therefore prejudicial to the defendant
CPL § 710.20 authorizes suppression on constitutional grounds — unlawful search, Miranda/right-to-counsel violations, and suggestive identification procedures. 'Cumulative and prejudicial' is an evidentiary objection governed by relevance rules, not a basis for a § 710.20 suppression motion.
Question 4: Under New York Penal Law, what mental state distinguishes robbery in the first degree (PL § 160.15) from robbery in the second degree (PL § 160.10) when the aggravating factor involves injury?
- First-degree robbery requires intent to cause serious physical injury; second-degree requires only recklessness as to physical injury
- First-degree robbery requires that a non-participant suffer serious physical injury; second-degree requires only that any person suffer physical injury (Correct answer)
- Both degrees require the same mental state — the distinction is solely the class of victim
- First-degree robbery requires use of a firearm; physical injury is irrelevant to the degree distinction
Correct answer: First-degree robbery requires that a non-participant suffer serious physical injury; second-degree requires only that any person suffer physical injury
PL § 160.15(1) elevates robbery to the first degree when a non-participant (a bystander, not an accomplice) suffers serious physical injury. PL § 160.10(2)(a) covers second-degree robbery when any person suffers physical injury. The identity of the victim and severity of injury are the key statutory distinctions.
Question 5: Under CPL Article 190, which of the following statements accurately describes a defendant's rights before a New York grand jury?
- A defendant has an absolute right to testify before the grand jury and, if she chooses to do so, has a right to have counsel present in the grand jury room during her testimony
- A defendant has the right to testify before the grand jury upon giving timely written notice, but counsel may not accompany the defendant inside the grand jury room (Correct answer)
- A defendant has no right to testify before the grand jury; the prosecution controls the presentation entirely
- A defendant must testify before the grand jury if subpoenaed, and her testimony may be used against her at trial without restriction
Correct answer: A defendant has the right to testify before the grand jury upon giving timely written notice, but counsel may not accompany the defendant inside the grand jury room
Under CPL § 190.50, a defendant has the right to testify before the grand jury if she serves timely written notice on the prosecutor, but counsel may only wait outside and consult during recesses — counsel is not permitted inside the grand jury room during actual testimony. Testimony given under a waiver of immunity can be used at trial.
Question 6: Under New York's felony murder statute (PL § 125.25(3)), which of the following is a complete affirmative defense to felony murder?
- The defendant did not personally cause the death of the victim
- The defendant was under the age of 18 at the time of the offense
- The defendant did not commit, solicit, or aid the underlying felony; did not cause the death; had no reasonable ground to believe any other participant was armed; and had no reasonable ground to believe any participant intended to engage in conduct likely to result in death or serious physical injury (Correct answer)
- The defendant voluntarily withdrew from the underlying felony before any injury occurred
Correct answer: The defendant did not commit, solicit, or aid the underlying felony; did not cause the death; had no reasonable ground to believe any other participant was armed; and had no reasonable ground to believe any participant intended to engage in conduct likely to result in death or serious physical injury
PL § 125.25(3) provides a specific four-prong affirmative defense to felony murder: the defendant (1) did not commit, solicit, request, command, importune, or intentionally aid in committing the felony; (2) was not armed with a deadly weapon; (3) had no reasonable ground to believe any participant was armed; and (4) had no reasonable ground to believe any participant intended to engage in conduct likely to cause death or serious physical injury. All four elements must be established.
NYLE - New York Law Exam NY Criminal Law & Procedure 1
Under New York CPL § 30.30, what is the maximum period within which the People must be ready for trial on a felony charge before a defendant may move to dismiss on speedy-trial grounds?