Frequent Law Questions (CPL,PL,FCA,VTL)- Session 14 Flashcards
(96 cards)
1
Q
What is the presumption regarding homicide if a body is found within the state?
A
The homicide occurred in that state, county, town etc where it was found
According to 20.20, Subd. 2 (A)
2
Q
What is the statute of limitation for burglary?
A
5 years
Felony - 5 years
Misd. - 2 years
Petty - 1 year
3
Q
What is required for a search warrant to be executed at night (9PM - 6AM) or without knocking ?
A
A judge’s endorsement granting that authority
4
Q
Who can prepare a simplified information?
A
Only a public servant
Simplified informations:
* Traffic
* Environmental Conservation
* Parks
Same with a prosecutor’s information
John Q. Citizen can file:
Felony Complaint
Misd. Complaint
or Information
These must be sworn to
5
Q
What happens when a criminal case trial ends in favor of the defendant?
A
Destroy or return prints, etc.
6
Q
How long is an eavesdropping warrant valid?
A
30 days
7
Q
Can a person less than 9 years of age or a person with a mental defect give sworn testimony?
A
Yes, provided the judge interviews the individual and determines they understand the nature of the oath.
This testimony will then not require coroboration
8
Q
Is mandatory fingerprinting required for all misdemeanors or petty offenses?
A
No, not needed for VTL misdemeanors or petty offenses
Mandatory fingerprinting for all:
* Felonies
* PENAL LAW Misdemeanors
* Any offense (misdemeanor) that will become a felony based on prior conviction
9
Q
What can an arresting officer do when passing through the state with a prisoner?
A
Rest at any county or city jail
Leaves the prisoner there while they rest for the night etc and return to pick the prisoner up and proceed to their destination
10
Q
Does a felony complaint commence the prosecution?
A
No
Therefore does not stop the statute of limitations
11
Q
What constitutes a youthful offender?
A
-
All juvenile offenders
(13-14-15 y.o. lost defense of infancy because of specific offense) -
All adolecent offenders
(16-17 y.o. charged with a felony) - Person charged with a crime alleged to have been comitted when they were 16-17-18 y.o
- For Y.O.’s - After case is over their record is sealed
- Frequent Question: Oldest age for a youthful offender is 18 or 19 is too old
12
Q
If an out of state officer has a federal arrest warrant for an out of state offense what condition supports search warrant for third party dwelling?
A
- The offense must be a felony in NYS
- The search warrant must be addressed to the police officer who works where the issuing court is located
13
Q
What must be stated if search warrant facts are based on information and belief (informant)?
A
Source of info and grounds for belief
14
Q
What authority does E-E-E grant when executing a warrant of arrest?
A
Authority to enter without notice
* Evidence destroyed
* Endanger another individual
* Escape
15
Q
What is an appearance ticket?
A
Not an accusatory instrument specifying an individual must appear before the court
16
Q
When must an appearance ticket be returnable?
A
No later than 20 days from the issue date
Unless court order or courts regular session is later than 20 days from issuance
17
Q
How long must eavesdropping warrant records be kept?
A
10 years
18
Q
Can simplified traffic information support the issuance of a warrant of arrest?
A
No
19
Q
What is an indictment is an accusatory instrument before what type of court?
A
A superior court accusatory instrument
20
Q
Where can police arrest for a crime?
A
Anywhere in New York State
21
Q
What is the jurisdiction of town, village, city court search warrants?
A
Limited jurisdiction
22
Q
Where can stop and frisk take place?
A
Only in your GAOE
23
Q
What must be done with a drug analysis report?
A
Forward copy to D.A. within 10 days
24
Q
Where shall a ‘stay away’ order of protection or temporary order of protection be filed?
A
With sheriff’s office in county or police department in city where complainant lives among other potential locations
25
Can an out-of-state police officer pursue and arrest a suspect in New York State?
Yes, if the offense is a crime in both states
26
When can a search warrant be executed without any additional endorsement?
Between 6 AM and 9 PM
| Regular daytime hours
27
Where are local criminal court warrants valid?
In the county of issuance and adjoining county only
| To be executed in a further county they must be endorsed in that county
28
What is the requirement for fingerprinting for felonies?
Must fingerprint for all felonies and penal law misdemeanors
29
What is the general statute of limitations for felonies, misdemeanors, and violations?
* 5 years for a felony
* 2 years for a misdemeanor
* 1 year for a violation
30
What does S.P.I. stand for?
**Physical injury which creates:**
* Substantial risk of death
* Causes death
* Serious and protracted disfigurement
* Protracted impairment of health
* Protracted loss or impairment of the function of any bodily organ.
31
What is the consequence of a bomb in a mailbox that causes death?
Murder 2nd degree
## Footnote
* Can be depraved mind if it was done just to kill anybody
* Can be transferred intent as well if it was mailed to kill a specific person and inadvertently killed mailman
32
What is the age of consent for sex?
17
33
What constitutes burglary in the first degree?
A dwelling burglary with an aggravating factor
| A-D-I-K-E
## Footnote
Can never have burglary 1st if it isnt a dwelling
34
What damage is required for criminal mischief in the first degree?
Explosive damage
| Also Arson 5 but Criminal Mischief 1st is higher charge
35
Is an oath required for Making a Punishable False Written Statement?
No
## Footnote
You can have this if you lie on a form that says false statements are punishable
36
What is required to commit Perjury 1st
* False statements
* Under oath
* That are of material importance
37
What offense is committed by removing air from your neighbor's tires?
Criminal Tampering 3rd
| Substantial inconvenience
## Footnote
Criminal mischief to slash tires the property is destroyed
38
What is the prohibited use of a weapon according to 265.35, subd. 3?
**Any person who other than in self defense discharges a weapon:**
* In a public place or a place where there is another person to be endangered
* Intentionally points a firearm at another
* Without injury while pointed at another without malice
* While pointed at another without malice and maims or injures another
| A Misdemeanor
## Footnote
One example is typically uses a shotgun in a public place
39
What is defined as a deadly weapon?
Deadly weapon means
* any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged
* a switchblade knife
* pilum ballistic knife
* dagger
* billy
* blackjack
* metal knuckles
* metal knuckle knife
* plastic knuckles.
## Footnote
Dangerous Instrument can be anything depending on the manner in which it is used
40
What offense is committed by throwing molotov cocktail into vehicle stopped at light?
**Arson 1st**
* Intentional fire or explosion, and
* Intentionally damage building or MV, and
* Non participant inside and you know or should know
**Additionally: one of the G-E-M-S aggravating factors**
* G = Gain (profit)
* E = Explosive
* M = Molotov Cocktail
* S = SPI to non participant
41
What is theft of services related to?
**Stealing certain services:**
1. Use stolen credit or debit card
2. Restaurant or hotel
3. Public transportation
4. Public utilities (cable under $100 is a violation)
5. Phone service (over $1,000 or prev conviction last 5 years is E felony)
6. Metered services
7. Entertainment venue (incl. ski lift, gondola, rope tow) (no prev. conviction is a violation)
8. Labor
9. Computer service
10. Barber shop, salon, beauty shop (no prev. conviction is a violation)
42
What does perjury in the first degree require?
Material testimony
43
**What offense is committed by the following conduct:**
On or along a public street or sidewalk within a radius of two hundred feet of any building established as a courthouse, he calls aloud, shouts, holds or displays placards or signs containing written or printed matter, concerning the conduct of a trial being held in such courthouse or the character of the court or jury engaged in such trial or calling for or demanding any specified action or determination by such court or jury in connection with such trial.
Criminal Contempt 2nd Degree
| 215.50 Subd 7
44
What offense is committed by refusal to be sworn in before a grand jury
Criminal Contempt 1st
| 215.51 Subd. A
45
What offense is committed by giving alcohol to a person under 21
Unlawfully Dealing with a Child 1st
| 260.20
46
What constitutes aggravated harassment in the second degree?
With intent to harass, annoy or alarm another a person:
1. With intent to harass another communicates or causes a communication that is a threat to cause physical harm or unlawful harm to property.
2. With intent to harass or threaten another person, he or she makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication
**3. Commits Harassment 2nd Subd. 1 (strikes, shoves, kicks) another based on race, color, origin ancestry, gender expression, religion, age, disability, sexual orientation regardless of wether perception is correct**
4. With intent to harass, annoy, threaten, or alarm another said person strikes, shoves, kicks, or otherwise physically contacts another causing physical injury
5. Commits Harassment 1st and has a prior conviction of Harassment 1st in the proceeding 10 years
## Footnote
Examiner Favorite:
Commits Harassment 2nd Subd. 1 (strikes, shoves, kicks) another based on race, color, origin ancestry, gender expression, religion, age, disability, sexual orientation regardless of wether perception is correct
47
How long does an executor of an estate have to turn in decedent’s gun?
15 days
48
What is bail jumping in the first degree?
Jumping bail for A or B felony
49
What offense is committed by intentionally causing serious physical injury with a motor vehicle
Assault 1st
Intend SPI cause SPI with DW or DI
50
What offense is committed when stealing a tractor from outside a building?
Larceny, degree depends on the value
51
What must a person who loses a firearm do?
Report to police within 24 hours
52
What offense is committed when an individual punches another but no injury results
Harassment 2nd
53
What constitutes larceny 4th
| C-C = G-R-A-P-E-S = R-A-M
**11 subdivisions:**
**Utilizes code: C-C G-R-A-P-E-S R-A-M**
**Steals any of the following:**
**C** = CREDIT/DEBIT CARD
**C** = CAR - motor vehicle M.T. $100 (not a motorcycle)
|
**G** = GUN (firearms, rifles, shotguns)
**R** = RECORD (public record)
**A** = AMOUNT - M.T. $1,000
**P** = PERSON (from the person)
**E** = EXTORTION
**S** = SECRET SCIENTIFIC MATERIAL
|
**R** = RELIGIOUS ARTICLE AT LEAST $100
**A** = ACCESS DEVICE (not a public benefit card , MTA works)
**M** = METHAMPHETAMINE PRECURSORS (liquefied ammonia gas or anhydrous ammonia)
| E Felony
54
What offense is committed when a parent who does not have lawful custody of a child removes the child from the state or exposes the child to serious risk of harm
Custodial Interference 1st
## Footnote
* Takes the child out of state
* Child is in hospital and parent takes child not allowing them access to proper medical care
55
What is the definition of making graffiti?
Etches, paints, covers, or draws on public or private property
| A Misdemeanor
## Footnote
Possession of instruments to do the same is a B Misdemeanor
56
Who does unlawful grand jury disclosure not apply to?
Witnesses
57
What happens if coercion threats don’t work?
It's attempted coercion
58
What crime has been committed when an officer intentionally fails to arraign a prisoner?
Official misconduct
59
Is intoxication a defense in criminal law?
No
60
Is a home poker game unlawful if players chip in for drinks?
No
| Theyre not paying towards the house for the game itself
61
What degree is possession of ¼ gram of cocaine?
Possession 7th
62
Big guy gives little guy something to commit a crime what offense has been committed
Among other potential offenses at least Criminal Facilitation 4th
63
Is a key used to enter a store to commit a burglary an item that can constitute possession of burglar's tools?
No, the that opens a given premises will never constitute burglar's tools
64
Can a 14 year old who has committed Burglary 1st - a designated felony act- be treated as a Juvenile Delinquent
Yes although this offense would make the 14 year old a Juvenile Offender they can still end up being a Juvenile Delinquent and dealt with in the Family Court through removal proceedings
| Not Impossible dont dismiss a question where this takes place
65
What happens to fingerprints of a Juvenile Delinquent
All go to D.C.J.S.
## Footnote
* No copies kept by department or agency
* No copies sent to family court
66
What should be done during a custody dispute if a certificate of warrant is presented to officers?
Make an arrest based on the certificate of warrant if it is valid and in effect
| Certificate of warrant valid for 90 days
## Footnote
Same goes for a non custodial family dispute if certificate of arrest is produced this is typically for juveniles
67
What should be done when family court is not in session and a person is arrested by family court warrant?
Take person before most accessible magistrate
## Footnote
Often the local criminal court in this instance
68
An officer can reasonably conclude an individual who appears to be a minor is a runaway if they refuse to give what information
Their name or the name and address of their parent or legal guardian
| This allows them to take the juvenile into custody
69
For what classification of felony offenses do Juvenile Delinquents get fingerprinted?
* 12 y.o. - A or B felony
* 13, 14, 15 y.o. - Any felony
70
Where will a remanded Juvenile Delinquent be sent?
To a proper juvenile detention facility
## Footnote
This facility is determined to be suitable by the Office of Children and Family Services
71
An order naming a juvenile less than 16 as a material witness can be valid for how long
* The order is good for **14 days at a time**
* Can be extended 2 times for a **maximum total of 42 days**
72
What can failure to pay child support cause?
Driver’s license suspension
73
What is important about the classification of Conspiracy 1st in regards to the Family Court Act?
**Class A felony, but not a designated class A felony**
**A “designated class A felony act” refers only to the following offenses when committed by a juvenile:**
* Murder in the first or second degree
* Kidnapping in the first degree
* Arson in the first degree
* Assault in the first degree
* Rape in the first degree
* Criminal sexual act in the first degree
* Aggravated sexual abuse
* Attempt or conspiracy to commit any of the above
## Footnote
**In juvenile delinquency cases, if a youth is accused of committing a designated felony act, it can trigger:**
* Harsher sentencing options in Family Court (e.g., up to 5 years of placement).
* More restrictive detention eligibility.
* Possibility of transfer to criminal court (in limited circumstances).
* Extended jurisdiction and delayed sealing.
74
Does a family court warrant of arrest get no-knock authority?
* **No**, no endorsement can change this
* **Must always knock and announce for family court warrants**
## Footnote
* Do not need a separate warrant if subject is in another person's home.
* You must knock and announce but you can enter a 3rd party residence with only a family court warrant of arrest
75
What does proof of service for an order of protection require?
* Address
* Place
* Manner of service
* Name and description of the person served
**The signature of the person served is not required**
| Must be done by officers free of charge
76
What is the disposition of an impounded vehicle that goes unclaimed?
Goes up for public auction
77
How many days does the owner of a parking garage have to report a vehicle parked for a long time, owner not known?
30 days
78
What is the signaling distance for a turn?
100 feet
79
Is returning from an emergency still considered an emergency situation for emergency personnel.
* No when the call is over the emergency is over.
* Returning to HQ does not constitute an emergency
80
What is the classifications of Facilitating Unlicensed Operation of a Motor Vehicle
3rd Degree - Traffic Infraction
2nd Degree - Misdemeanor
1st Degree - E Felony
## Footnote
Degrees vary based on how bad the persons license is who they allowed to operate and if the defendant has facilitated unlicensed operation in the past
81
What should you do regarding the right of way for an authorized emergency vehicle?
Pull to curb on right as closely as possible
82
When an individual pulls to the curb to read a map are they stopping, standing, or parked
**Parked**
* **Stop or stopping**: The halting of a vehicle even momentairly whether occupied or not
* **Standing**: The halting of a vehicle whether occupied or not, for more than a brief moment, for the active receiving or discharging passengers (the vehicle is not just "stopped" it is staying put to receive or release passengers)
* **Parking**: The standing of a vehicle whether occupied or not for purposes other than the active engagement of receiving or discharging passengers (longer term stopping or left unattended or idle)
**Examples:**
* **Stopping**- **Very brief halt** (pulled over for a few seconds to send a text, back on the road, not in reference to traffic control like stop sign or light)
* **Standing**- **Not moving** but not parked and **dropping off or picking up** (You drop off your friend and wait there for 30 seconds or so)
* **Parked** - Vehicle just left there (You leave your car while you run in a deli or you sit somewhere in your car for 15 minutes or so, **extended duration and no passengers involved**)
83
What can police do regarding motorcycle equipment?
May inspect and test when lawfully stopped
| VTL 381
84
What is the consequence of leaving the scene of a property damage accident?
Always a traffic infraction, never more
85
What is the consequence of operating a motor vehicle with inadequate brakes?
| **Most frequent VTL question of all time**
Misdemeanor
86
What is classified as a motor vehicle?
Every vehicle operated or **driven upon a public highway** propelled by means **other than muscular power** **except**:
* Motorized wheelchair or scooter
* Snowmobile
* Vehicles that travel only on rails
* ATVs
* Electric bikes
* Electric scooters
* Some farm equipment
## Footnote
Think if you've never seen one with or think one needs a license plate its probably not a motor vehicle
87
What must a repo-man do after repossessing a motor vehicle?
Notify local police
88
What can officers conclude from a BAC of .69
Prima Facie not intoxicated, relevant impaired
89
What is the consequence of conviction for leaving the scene of a personal injury auto accident?
Mandatory revocation of license
90
What is the required distance for a 'U' turn on a grade or curve?
At least 500 feet
91
What is an infraction for an auto business regarding placement of their vehicles?
Displaying a vehicle for sale on a highway is an infraction
92
What happens if the V.I.N. is defaced?
Officers should seize vehicle
93
What is the distance required to be given by motorists behind an emergency vehicle?
200 feet
94
How many days does a person moving to N.Y. have to register their vehicle?
30 days
95
Some VTL equipment violations shall be dismissed by the court if they are repaired within what period of time?
Repaired by **30 minutes after sunset on the next business day** following the violation
**Important note and examiner favorite**: Business day means any calendar day **EXCLUDING: Saturdays, Sundays, and Holidays**
96
What does V.T.L. 511-B state regarding impounding a vehicle?
Officers are not permitted to impound a vehicle under VTL 511-B absent other factors if there is a licensed driver present who the owner consents to operate their vehicle
## Footnote
Example: You pull over rodger for VTL 511-B on a highway, parking the vehicle not possible. The passenger is licensed. You must allow the passenger to drive away with the vehicle absent other circumstances
