NYLE Criminal Law & Procedure 2 — Questions and Answers
Question 1: Under New York law, what mens rea is required for second-degree murder under Penal Law § 125.25(1)?
- Negligently causing death
- Intentionally causing death (Correct answer)
- Recklessly causing death under circumstances evincing depraved indifference
- Felony murder
Correct answer: Intentionally causing death
Second-degree murder under PL § 125.25(1) requires intent to cause the death of another person.
Question 2: A defendant is charged with burglary in New York. Which element distinguishes burglary from criminal trespass?
- The time of entry must be after dark
- The defendant must cause property damage
- The defendant must enter or remain with intent to commit a crime inside (Correct answer)
- The premises must be a dwelling
Correct answer: The defendant must enter or remain with intent to commit a crime inside
Burglary requires unlawful entry or remaining in a building with intent to commit a crime therein, distinguishing it from mere criminal trespass.
Question 3: Under CPL Article 710, a Mapp/Dunaway hearing is used to challenge evidence obtained through what?
- An allegedly unlawful search or seizure (Correct answer)
- A coerced confession
- An improper lineup identification
- Prosecutorial misconduct
Correct answer: An allegedly unlawful search or seizure
A Mapp hearing tests the legality of a search and seizure under the Fourth Amendment, while a Dunaway hearing tests whether an arrest was supported by probable cause.
Question 4: In New York, the Molineux rule governs the admissibility of:
- Prior consistent statements
- Evidence of other crimes or bad acts (Correct answer)
- Expert witness testimony
- Hearsay exceptions in criminal trials
Correct answer: Evidence of other crimes or bad acts
The Molineux rule restricts admission of a defendant's prior bad acts or crimes but permits them for limited purposes such as proving intent, identity, or common scheme.
Question 5: Under New York law, a person is guilty of robbery in the first degree when they forcibly steal property and:
- The stolen property is worth over $1,000
- They are aided by another person actually present
- They use or threaten immediate use of a dangerous instrument (Correct answer)
- They commit the act in a dwelling at night
Correct answer: They use or threaten immediate use of a dangerous instrument
First-degree robbery under PL § 160.15 is elevated when the defendant uses or threatens immediate use of a dangerous instrument during the theft.
Question 6: Which standard applies when a New York court reviews the sufficiency of evidence presented to a grand jury?
- Beyond a reasonable doubt
- Clear and convincing evidence
- Probable cause — legally sufficient evidence to establish each element (Correct answer)
- Preponderance of the evidence
Correct answer: Probable cause — legally sufficient evidence to establish each element
Grand jury evidence need only be legally sufficient — prima facie evidence establishing probable cause for each element of the offense.
Question 7: A defendant charged in New York with a felony has the right to a jury of how many persons?
- 6
- 10
- 12 (Correct answer)
- 8
Correct answer: 12
Under CPL § 270.05, felony trials in New York require a jury of 12 persons, consistent with constitutional requirements.
NYLE Criminal Law & Procedure 2
Under New York law, what mens rea is required for second-degree murder under Penal Law § 125.25(1)?