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25 Cards in this Set

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  • Back
Merger
Solicitation and attempt merge
Conspiracy does not.
NY: ???
Specific Intent Crimes
inchoate offenses
first degree murder
assault*
common law felonies against property
NY Accomplice Liability
* accomplices cannot benefit from principal's defense that goes to negate mental state
* accomplice is not absolved from liability, even if principal is acquitted or not prosecuted
* no conviction solely on the uncorroborated testimony of an accomplice
Conspiracy
Majority rule and NY:
agreement PLUS overt act
NY Conspiracy
Overt act
Unilateral approach: you can conspire w/an undercover cop (same as MBE)
withdrawal - renouncing AND prevent
NY Defense Types
"defenses" - once D raises it, P must disprove BRD (incl infancy, self defense)
"affirmative defenses" - D must raise it and prove by a preponderance (incl duress, entrapment, insanity)
M'Naughten
if at the time of his conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law.
Infancy
under 7 - no liability
under 14 - rebuttable presumption of no liablity
NY Self Defense
retreat rule - (also minority rule)
NY Duress
duress is an affirmative defense to all crimes
Mistake of Fact
S/I - any mistake
G/I - only reasonable mistakes
C/L Murder
1) intent
2) intent to do serious bodily harm
3) highly reckless
4) felony murder
C/L Manslaughter
Vol MS - provocation/passion
InVolMS - crim negligence or misdemeanor MS
NY Murder
M1 - intentional killing plus special circumstance
M2 - intent to kill; or highly reckless; or felony murder
NY Manslaughter
MS1 - intent to do serious bodily harm or provocation/passion
MS2 - reckless killing
Negligent Homicide - crim negligence
NY Defense to Felony Murder
Affirmative defense:
1) did not commit or aid;
2) not armed;
3) reasonable grounds to believe others weren't armed
4) no reason to believe that anyone would engage in conduct likely to result in death
NY Kidnapping
k1: abduction plus a) ransom; or (b) restraint w/intent to inflict physical injury; c) death
K2: abduction
Statutory Rape
MoF is not a defense
Larceny
taking and carrying away
the personal property of another
w/o his consent
w/the intent to deprive the owner permanently
false pretenses
persuades the owner to convey title by false pretenses as to present or past facts
(false promise for the *future* is not enough to create liability)
Robbery
larceny + assault
NY Robbery
3rd: No injury, no firearms
2nd: aided by another or injury or threat of physical force
1st: deadly weapon or serious physical injury
Burglary
breaking at night with intent to commit felony inside
NY Burglary
3rd: any structure, any time
2nd: dwelling house or injury or armed
1st: dwelling plus (injury or armed)
C/L arson
malicious burning of the dwelling house of another; must have material wasting of the building itself, not the carpet