NYLE Criminal Law & Procedure 3 — Questions and Answers
Question 1: Under the Aguilar-Spinelli test as applied in New York, a warrant based on an informant's tip requires the affidavit to establish:
- Only the informant's reliability
- Only the basis of the informant's knowledge
- Both the informant's veracity/reliability and the basis of knowledge (Correct answer)
- That the informant was a known CI with a prior track record
Correct answer: Both the informant's veracity/reliability and the basis of knowledge
New York still applies the two-pronged Aguilar-Spinelli test, requiring the affidavit to address both the informant's reliability and the basis for the informant's knowledge.
Question 2: Under CPL § 30.30, a misdemeanor charge must be dismissed if the prosecution is not ready for trial within how many days?
- 30 days
- 60 days
- 90 days (Correct answer)
- 180 days
Correct answer: 90 days
CPL § 30.30(1)(b) requires dismissal of a misdemeanor if the prosecution fails to be ready for trial within 90 days of commencement of the criminal action.
Question 3: The crime of assault in the first degree in New York (PL § 120.10) most commonly requires:
- Intentionally causing serious physical injury with a deadly weapon or dangerous instrument (Correct answer)
- Recklessly causing any physical injury
- Negligently causing physical injury with a firearm
- Causing physical injury to a police officer
Correct answer: Intentionally causing serious physical injury with a deadly weapon or dangerous instrument
First-degree assault requires intentionally causing serious physical injury to another person by means of a deadly weapon or dangerous instrument.
Question 4: In a New York criminal case, the People must disclose Rosario material, which consists of:
- All exculpatory evidence in the prosecution's possession
- Prior written or recorded statements of prosecution witnesses relating to their testimony (Correct answer)
- The defendant's prior criminal record
- Grand jury minutes in all cases
Correct answer: Prior written or recorded statements of prosecution witnesses relating to their testimony
Rosario material (CPL § 240.45) requires disclosure of prior written or recorded statements of prosecution witnesses that relate to the subject matter of their testimony.
Question 5: Under New York's felony murder rule (PL § 125.25(3)), which underlying felony does NOT qualify as a predicate felony?
- Robbery
- Burglary
- Arson
- Assault in the third degree (Correct answer)
Correct answer: Assault in the third degree
Felony murder predicates are enumerated offenses including robbery, burglary, kidnapping, arson, rape, and escape; assault in the third degree is not among them.
Question 6: A suspect invoking the right to counsel under the New York State Constitution is afforded greater protection than under Miranda because:
- New York requires invocation to be in writing
- Questioning must cease and cannot resume even if the suspect later initiates conversation (Correct answer)
- The right attaches only after formal arraignment
- Police may resume questioning after a 24-hour waiting period
Correct answer: Questioning must cease and cannot resume even if the suspect later initiates conversation
Under New York's Indelible Right to Counsel rule, once a suspect invokes counsel, all questioning must cease and cannot resume even if the suspect subsequently waives the right without counsel present.
Question 7: Which doctrine allows New York courts to suppress evidence where police conduct was unlawful under the state constitution even if it would be permissible under the federal Fourth Amendment?
- Independent state grounds doctrine (Correct answer)
- Fruit of the poisonous tree doctrine
- Plain view doctrine
- Good faith exception
Correct answer: Independent state grounds doctrine
Under the independent state grounds doctrine, New York courts may interpret the state constitution to provide broader protections than the federal constitution.
NYLE Criminal Law & Procedure 3
Under the Aguilar-Spinelli test as applied in New York, a warrant based on an informant's tip requires the affidavit to establish: