NYLE - CRIMINAL LAW AND PROCEDURE QUESTIONS
WITH DETAILED VERIFIED AND 100% ACCURATE
ANSWERS
Criminal Court Subject Matter
Jurisdiction Correct Answers The Criminal Procedure Law divides New
York courts into two categories: superior courts (which include Supreme
Court and County Court) and local criminal courts (which include city
courts, town courts, district courts and the New York City Criminal
Court). Violations and misdemeanors are generally tried in local
criminal courts and felonies are tried in County Court or Supreme Court.
A felony may be initiated by the filing of an information or complaint in
a local criminal court. However, in order try a defendant for a felony, it
must ultimately be prosecuted by an indictment filed by the grand jury
or a defendant's consent to waive indictment and proceed by a superior
court information (see NY Const art I, § 6).
Supreme Court: NY Const art VI, § 7; CPL 10.20, 10.30; People v
Correa, 15 NY3d 213 (2010). Correct Answers The Supreme Court, a
court of general jurisdiction, can exercise jurisdiction over all criminal
proceedings. In practice, it exercises criminal jurisdiction only over
felonies in New York City.
County Court: NY Const art VI, § 11 Correct Answers County Courts
exist only in the Second Judicial Department outside New York City and
Long Island and in the Third and Fourth Judicial Departments. County
Courts have jurisdiction over all criminal matters, but hear primarily
felonies.
,New York City Civil Court; New York City Criminal Court: NY Const
art VI, § 15 Correct Answers The New York City Criminal Court has
criminal jurisdiction within the City of New York over misdemeanors
and violations.
District, city, town and village courts: NY Const art VI, §§ 16, 17;
Uniform Court Acts § 202 Correct Answers District Courts (established
only in Nassau and Suffolk Counties located in the Second Judicial
Department), and city, town and village courts, have criminal
jurisdiction over misdemeanors and violations.
General Principles: Mental culpability: Culpable mental states: Penal
Law § 15.05 Correct Answers A defendant must act intentionally,
knowingly, recklessly or with criminal negligence in order to be held
criminally liable for a crime. A person acts "intentionally" with respect
to a result or conduct when his or her conscious objective is to cause
such result or engage in such conduct. "Knowingly" requires that a
person be "aware" that his or her conduct is of the nature described by
the offense or that a circumstance described by the offense exists. A
person acts "recklessly" with respect to a result when he or she is aware
of and consciously disregards a substantial and unjustifiable risk that
such result will occur. "Criminal negligence" requires that a person fail
to perceive a substantial and unjustifiable risk that a certain result will
occur.
General Principles: Mental culpability: Mistake of fact or law: Penal
Law §15.20 Correct Answers A person is generally not relieved of
criminal liability for conduct because he or she engages in such conduct
under a mistaken belief of fact unless the factual mistake negates the
culpable mental state required for the commission of the offense or the
, statute defining the offense expressly provides that a factual mistake
constitutes a defense. Additionally, a person is generally not relieved of
criminal liability for conduct because he or she engages in the conduct
under the mistaken belief that it does not constitute an offense, unless
the mistaken belief is based upon an official statement of the law.
Defenses related to mental culpability: Mental disease or defect: Penal
Law § 40.15 Correct Answers In any prosecution for an offense, it is an
affirmative defense that when the defendant engaged in the proscribed
conduct, he or she lacked criminal responsibility by reason of mental
disease or defect. Such lack of criminal responsibility means that at the
time of such conduct, as a result of mental disease or defect, he or she
lacked "substantial capacity to know or appreciate" either:
• The nature and consequences of such conduct, or
• That such conduct was wrong.
Lacking a substantial capacity to "know or appreciate" is "designed to
permit the defendant possessed of mere surface knowledge or cognition
to be excused, and to require that he have some understanding of the
legal and moral import of the conduct involved if he is to be held
criminally responsible" (People v Adams, 26 NY2d 129, 135 [1970]).
Defenses related to mental culpability: Extreme emotional disturbance:
Penal Law §§ 125.25 (1) (a), 125.27 (2) (a) Correct Answers It is an
affirmative defense to murder in the first and second degree that the
defendant acted under the influence of extreme emotional disturbance
for which there was a reasonable explanation or excuse. The defense
reduces the degree of criminal culpability for acts that would otherwise
constitute murder; it is not a defense to the crime of manslaughter or any
WITH DETAILED VERIFIED AND 100% ACCURATE
ANSWERS
Criminal Court Subject Matter
Jurisdiction Correct Answers The Criminal Procedure Law divides New
York courts into two categories: superior courts (which include Supreme
Court and County Court) and local criminal courts (which include city
courts, town courts, district courts and the New York City Criminal
Court). Violations and misdemeanors are generally tried in local
criminal courts and felonies are tried in County Court or Supreme Court.
A felony may be initiated by the filing of an information or complaint in
a local criminal court. However, in order try a defendant for a felony, it
must ultimately be prosecuted by an indictment filed by the grand jury
or a defendant's consent to waive indictment and proceed by a superior
court information (see NY Const art I, § 6).
Supreme Court: NY Const art VI, § 7; CPL 10.20, 10.30; People v
Correa, 15 NY3d 213 (2010). Correct Answers The Supreme Court, a
court of general jurisdiction, can exercise jurisdiction over all criminal
proceedings. In practice, it exercises criminal jurisdiction only over
felonies in New York City.
County Court: NY Const art VI, § 11 Correct Answers County Courts
exist only in the Second Judicial Department outside New York City and
Long Island and in the Third and Fourth Judicial Departments. County
Courts have jurisdiction over all criminal matters, but hear primarily
felonies.
,New York City Civil Court; New York City Criminal Court: NY Const
art VI, § 15 Correct Answers The New York City Criminal Court has
criminal jurisdiction within the City of New York over misdemeanors
and violations.
District, city, town and village courts: NY Const art VI, §§ 16, 17;
Uniform Court Acts § 202 Correct Answers District Courts (established
only in Nassau and Suffolk Counties located in the Second Judicial
Department), and city, town and village courts, have criminal
jurisdiction over misdemeanors and violations.
General Principles: Mental culpability: Culpable mental states: Penal
Law § 15.05 Correct Answers A defendant must act intentionally,
knowingly, recklessly or with criminal negligence in order to be held
criminally liable for a crime. A person acts "intentionally" with respect
to a result or conduct when his or her conscious objective is to cause
such result or engage in such conduct. "Knowingly" requires that a
person be "aware" that his or her conduct is of the nature described by
the offense or that a circumstance described by the offense exists. A
person acts "recklessly" with respect to a result when he or she is aware
of and consciously disregards a substantial and unjustifiable risk that
such result will occur. "Criminal negligence" requires that a person fail
to perceive a substantial and unjustifiable risk that a certain result will
occur.
General Principles: Mental culpability: Mistake of fact or law: Penal
Law §15.20 Correct Answers A person is generally not relieved of
criminal liability for conduct because he or she engages in such conduct
under a mistaken belief of fact unless the factual mistake negates the
culpable mental state required for the commission of the offense or the
, statute defining the offense expressly provides that a factual mistake
constitutes a defense. Additionally, a person is generally not relieved of
criminal liability for conduct because he or she engages in the conduct
under the mistaken belief that it does not constitute an offense, unless
the mistaken belief is based upon an official statement of the law.
Defenses related to mental culpability: Mental disease or defect: Penal
Law § 40.15 Correct Answers In any prosecution for an offense, it is an
affirmative defense that when the defendant engaged in the proscribed
conduct, he or she lacked criminal responsibility by reason of mental
disease or defect. Such lack of criminal responsibility means that at the
time of such conduct, as a result of mental disease or defect, he or she
lacked "substantial capacity to know or appreciate" either:
• The nature and consequences of such conduct, or
• That such conduct was wrong.
Lacking a substantial capacity to "know or appreciate" is "designed to
permit the defendant possessed of mere surface knowledge or cognition
to be excused, and to require that he have some understanding of the
legal and moral import of the conduct involved if he is to be held
criminally responsible" (People v Adams, 26 NY2d 129, 135 [1970]).
Defenses related to mental culpability: Extreme emotional disturbance:
Penal Law §§ 125.25 (1) (a), 125.27 (2) (a) Correct Answers It is an
affirmative defense to murder in the first and second degree that the
defendant acted under the influence of extreme emotional disturbance
for which there was a reasonable explanation or excuse. The defense
reduces the degree of criminal culpability for acts that would otherwise
constitute murder; it is not a defense to the crime of manslaughter or any
