NY Crimes Flashcards
(30 cards)
Specific-Intent Crimes
FIAT
First-degree murder Inchoate offenses (attempt/conspiracy/solicit) Assault w/ intent to commit battery Theft offenses (larceny/rob/burg/embez/false pretense/forgery)
Accomplice Withdrawal
MBE: 1) repudiate prior aid, 2) withdraw from participation, AND 3) “substantial effort” to prevent commission of crime
NY: Same except instead of repudiate, must renounce crim purpose completely and voluntarily.
Criminal Facilitation
Person thinks it’s probable he’s rendering aid to someone who intends a felony by providing means or opportunity to do so, and he in fact does aid the person.
Accomplice Testimony
Person can’t be convicted based solely on uncorroborated testimony of an accomplice.
Insanity
Affirmative defense based on PotE. At time, bc of “mental disease or defect,” did D “lack substantial capacity” to appreciate 1) nature and consequences of his conduct, OR 2) that such conduct was wrong.
Intoxication - MBE
Voluntary intox is a defense in specific intent crimes iff it prevents formulation of req’d mens era. Involuntary intox is defense when it negates element of crime including gen intent.
Age of Maturity
16+ - Criminally responsible
13-15 - Responsible for 2d-degree murder
14-15 - Responsible for kidnapping, arson; assault; manslaughter; rape; agg sex abuse; burglary; robbery (OR attempt of these) + attempted murder.
Felony Murder
Inherently dangerous felonies = BARRK (burglary, arson, rape, robbery, kidnapping). Underlying felony generally merges into felony murder.
NY: ADDS escape, sodomy, and sex abuse (+attempts).
1st degree felony murder: intentional killing of non-participant.
2d degree: everything else; no specific intent nec’y.
Felony Murder - Defense
NY Defense: Accomplice didn’t do it, wasn’t armed, had no grounds to know any other participants were armed, AND had no grounds to know participant intended conduct likely to cause death/SBI.
MBE Defense: Death wasn’t foreseeable result or natural and prob consequence of the felony.
NB: No felony murder for death of co-felon by victim or cop. Maybe felony murder for death of bystander by victim/cop (under prox cause theory) but not under agency theory).
NY Murder
1st degree: 1) intentionally killing peace officer/witness/judge/prison guard; 2) murder for hire; OR 3) 1st degree felony murder.
2d degree: 1) intentional killing; 2) “depraved indifference”; 3) felony murder where ∆ doesn’t do the killing.
NY - Non-Murder Homicide
Crim Neg Homicide: death caused by ∆’s gross negligence.
2d degree Vehicular Homicide: crim neg driving while under the influence
1st degree Vehicular Homicide: as above + license suspended, or BAC too high, or kills 2+ people, or kills person 15 or younger, or previous DUI conviction w/in 10 yrs, or previous assault/homicide conviction.
Agg Vehic. Homicide: as above + driving recklessly, OR driving recklessly and kills 1 person and causes SBI to 1+ other person.
2d degree manslaughter: recklessly cause another’s death, OR intentionally assist in suicide or abortion resulting in mother’s death.
1st degree manslaughter: 1) death caused w/ intent to inflict SBI; 2) intentional killing under “influence of extreme emotional disturbance”; 3) abortion after 24 weeks; OR 4) reckless placing child under grave right of SBI resulting in his death.
“Larceny” in NY
Includes CL crimes of larceny, embezzlement, extortion, larceny by trick, and false pretenses.
Petit: value = $1K or less
4th º: value = $1,001 - $3K, or extortion, or theft from victim’s person, car, or credit/debit card.
3d º: value = $3,001 - $50K
2d º: value = $50,001 - $1m; extortion by threatening property or physical injury.
1st º: value > $1m
Forgery in NY
w/ intent to defraud or deceive…
3d º: intentionally making or altering written instrument (i.e., writing w/ apparent legal significance)
2d º: ditto but instrument is deed, will, codicil, contract, or public record.
1st º: instrument is money, stamps, or securities.
Larceny @ CL
Trespassory taking and carrying away, of another’s personal property, w/ intent to permanently deprive them of that property.
By Trick: obtains possession but not title thru fraud/deceit, w/ intent to convert (and later does).
Embezzlement & False Pretenses
Embezz: Fraudulent conversion, of another’s property, *by someone in lawful possession of that property.
FP: obtaining TITLE (not just possession) in another’s property through fraud re material fact.
Robbery
CL Merger: Larceny, assault, and battery all merger into robbery.
@CL: larceny by force or intimidation (immediate harm to victim, family, or bystander - not property except victim’s home), and property taken from presence of victim.
3d º: forcible stealing of property.
2d º: ditto, plus 1) ∆ aided by someone, 2) non-participant injured, 3) displays what looks like gun, OR 4) subject-property is a car.
1st º: forcible stealing when 1) non-p seriously injured, 2) ∆ armed w/ deadly weapon, 3) ∆ threatens use of dangerous instrument, OR 4) displays loaded firearm.
Extortion vs. Robbery
Extortion = taking of another’s property by threat. Threat need not be of immediate harm, or even physical in nature. And property need not be on the victim or in his presence.
Burglary in NY
Need not occur at night, OR be a dwelling, OR include a breaking!
3dº: enters or remains unlawfully in a building w/ intent to commit a crime there.
2dº: ditto + building is a dwelling OR ∆/participant has deadly weapon, flashes what looks like gun, or injures non-participant.
1stº: ditto but it’s a dwelling AND there’s deadly weapon, apparent gun, or injury to non-p.
Arson
@CL: malicious burning of another’s dwelling.
NY: expands to include all buildings, motor vehicles, watercraft, and even personal property (5thº). Affirmative defense if you owned it, but only if you burned it for lawful purpose.
NB: NY allows use of deadly force to prevent arson (but otherwise doesn’t allow to protect property).
Receiving Stolen Goods
MBE: receiving control over stolen property, w/ knowledge it’s stolen, AND intention to permentnatly deprive owner of possession.
NY: Ditto, but five degrees. $1m+ = 1stº; $50K+ = 2dº, $3K+ = 3dº; $1K+ = 4thº; otherwise, 5thº.
Assault & Battery in Ny
CL Assault = “Menacing” in NY
CL Battery = “Assault” in NY
1stº = intentional or recklessly causes injury, OR neg causes injury w/ deadly weapon 2dº = intentionally causes serious injury, or injures while committing felony, or intentionally/recklessly injures w/ deadly weapon 1stº = intentionally causes serious injury w/ deadly weapon or while committing felony or w/ depraved indifference
Kidnapping
2dº = CL def: unlawful confinement of someone, against their will, + either hiding or moving them.
1stº = ditto + demand for ransom, or to get 3d party to act or refrain from acting in partic way.
Rape
3dº = sex w/ adult incapable of consent; sex w/out consent for some reason other than incapacity; sex by someone over 21 w/ someone less than 17.
2dº = sex by adult w/ someone less than 15; or sex w/ someone unable to consent b/c of mental incapacity.
1stº = sex by force; someone incapable of consent b/c physically helpless; someone less than 11; someone by adult w/ someone less than 13.
Solicitation
@CL & NY: 1) encouraging or advising another person, 2) to commit a crime, AND 3) w/ intent they commit the crime.
Renunciation in NY: reqs voluntary and complete renunciation, AND preventing commission of crime.
No renunciation at CL.
