Mbe Ny Crim Law

Front 1

NY Assault-1

Back 1

#1 INTENTIONALLY causing
#2 SERIOUS PHYSICAL INJURY
#3 DANGEROUS WEAPON

Front 2

NY Assault-2

Back 2

#1 INTENTIONALLY causing
#2 SERIOUS PHYSICAL INJURY

Front 3

NY Assault-3

Back 3

#1 INTENTIONALLY causing
#2 PHYSICAL INJURY

Front 4

NY MS Intentionally

Back 4

D’s CONSCIOUS OBJECT to accomplish a particular result (what D MEANT to do)

Front 5

NY MS Knowingly

Back 5

D is AWARE of what she is doing

Front 6

NY MS Recklessly

Back 6

D is AWARE of a substantial and unjustifiable risk, and CONSCIOUSLY DISREGARDS that risk
- Difference between recklessly and negligently → D’s SUBJECTIVE awareness

Front 7

NY MS Negligently

Back 7

D SHOULD HAVE KNOWN about a substantial and unjustifiable risk
- Difference between recklessly and negligently → D’s SUBJECTIVE awareness

Front 8

NY MS SL

Back 8

No MS req’d

Front 9

NY Mistake of fact

Back 9

Must negate the req'd MS to be a defense

Front 10

NY Murder-1

Back 10

Intent to kill + D ≥ 18 + one aggravating factor
- D intentionally killed law enforcement officer
- D killed for witness intimidation
- Murder for hire
- D killed > 1 person
- D INTENTIONALLY killed during a serious felony

Front 11

NY Murder-2

Back 11

One of three forms
- Intent to kill (“premeditation and deliberation” is irrelevant in NY)
- Extreme recklessness: called DEPRAVED INDIFFERENCE in NY
-- “Utter disregard for human life”
-- Generally, the act must put >1 person in danger
-- CANNOT be used for 1-on-1 killings, unless it involves a BRUTAL TORTURE or abandoning a HELPLESS V to almost certain death
- Felony murder (3 differences with the CL rule)
-- #1 6 Underlying felonies (BRAKES)
--- Burglary
--- Robbery
--- Arson
--- Kidnapping
--- Escape
--- Sexual assault
-- #2 D need not be convicted of the underlying felony (so long as there is SUFFICIENT EVIDENCE that he committed the felony)
-- #3 “Non-slayer” defense: limited AFFIRMATIVE DEFENSE to felony murder if D can prove EACH of the following four things
--- D did not do the killing
--- D did not have a deadly weapon
--- D had no reason to believe that her co-felons had deadly weapons
--- D had no reason to believe that her co-felons INTENDED to do anything likely to result in death

Front 12

NY Manslaughter-1

Back 12

- Intent to cause serious physical injury
- Extreme emotional disturbance: An INTENTIONAL killing committed under the influence of a REASONABLE EED
-- Affirmative defense to 2d degree murder: D must prove EED by a PoE

Front 13

NY Manslaughter-2

Back 13

(Recklessness): D is AWARE OF and CONSCIOUSLY DISREGARDED a substantial and unjustifiable risk of death

Front 14

NY Criminally negligent homicide

Back 14

(Criminal negligence): D SHOULD HAVE KNOWN OF a substantial and unjustifiable risk of death

Front 15

NY Aggravated homicide

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V of the homicide is a POLICE OFFICER killed IN THE LINE OF DUTY (e.g., aggravated murder-2, aggravated man-1, aggravated man-2, etc.)

Front 16

NY Vehicular homicide

Back 16

- DWI: driving w/ a BAC >.08%
- Vehicular manslaughter-2: Death + DWI
- Vehicular manslaughter-1: Vehicular man-2 + an aggravating factor:
-- BAC >.18%
-- Prior DWI conviction
- Aggravated vehicular manslaughter: vehicular manslaughter-1 + reckless driving

Front 17

NY Unlawful imprisonment-1

Back 17

#1 UNLAWFULLY
#2 RESTRAINING someone
#3 W/o their CONSENT
#4 W/ KNOWLEDGE that the restriction is unlawful
#5 RISK of SERIOUS PHYSICAL INJURY

Front 18

NY Unlawful imprisonment-2

Back 18

#1 UNLAWFULLY
#2 RESTRAINING someone
#3 W/o their CONSENT
#4 W/ KNOWLEDGE that the restriction is unlawful

Front 19

NY Kidnapping-2

Back 19

Abducting someone

Front 20

NY Kidnapping-2

Back 20

#1 Abducting someone
#2 Aggravating factor
- RANSOM
- RESTRAINT of V>12 hrs w/ intent to RAPE, INJURE, or ROB the V
- DEATH of the V

Front 21

CL Larceny

Back 21

#1 TRESPASSORY
#2 TAKING AND CARRYING AWAY
#3 PERSONAL PROPERTY OF ANOTHER
#4 W/ SI to steal (permanently deprive owner of property)

Front 22

CL Embezzlement

Back 22

#1 Conversion of
#2 PERSONAL PROPERTY OF ANOTHER
#3 By a person already in lawful POSSESSION of that property
#4 W/ the SI to DEFRAUD

Front 23

CL False pretense

Back 23

#1 Obtaining TITLE
#2 To the PERSONAL PROPERTY OF ANOTHER
#3 By an intentional FALSE STATEMENT
#4 W/ the SI to DEFRAUD

Front 24

CL Larceny by trick

Back 24

#1 Obtaining POSSESSION
#2 To the PERSONAL PROPERTY OF ANOTHER
#3 By an intentional FALSE STATEMENT
#4 W/ the SI to DEFRAUD

Front 25

CL Robbery

Back 25

#1 TRESPASSORY
#2 TAKING AND CARRYING AWAY
#3 PERSONAL PROPERTY OF ANOTHER
#4 From her PERSON or PRESENCE
#5 By FORCE or threat of IMMEDIATE injury
#6 W/ SI to steal (permanently deprive owner of property)

Front 26

NY Larceny-1

Back 26

Any crime that is larceny, embezzlement, false pretenses, or larceny by trick at CL, property >$1M

Front 27

NY Larceny-2

Back 27

Any crime that is larceny, embezzlement, false pretenses, or larceny by trick at CL, property >$50K

Front 28

NY Larceny-3

Back 28

Any crime that is larceny, embezzlement, false pretenses, or larceny by trick at CL, property >$3K

Front 29

NY Larceny-4

Back 29

Any crime that is larceny, embezzlement, false pretenses, or larceny by trick at CL, property >$1K

Front 30

NY Petit larceny

Back 30

Any crime that is larceny, embezzlement, false pretenses, or larceny by trick at CL, property <$1K

Front 31

NY Robbery-3

Back 31

Forcible stealing

Front 32

NY Robbery-2

Back 32

#1 Forcible stealing
#2 Aggravating factor
-- D is AIDED BY ANOTHER ACTUALLY PRESENT
-- V is INJURED
-- CAR is stolen (carjacking)

Front 33

NY Robbery-1

Back 33

#1 Forcible stealing
#2 Aggravating factor
-- V is SERIOUSLY INJURED
-- D uses or displays a FIREARM
--- Affirmative defense: If D can prove that the gun was unloaded or inoperable, the crime is reduced to Robbery-2

Front 34

Possession

Back 34

#1 CONTROL for a period of time long enough to have an
#2 OPPORTUNITY TO TERMINATE POSSESSION
#3 KNOWLEDGE (of the possession AND of the character of the item possessed)

Front 35

NY Burglary-3

Back 35

#1 ENTERING or REMAINING
#2 UNLAWFULLY
#3 IN A BUILDING
#4 W/ the INTENT to commit a CRIME inside

Front 36

NY Burglary-2

Back 36

#1 ENTERING or REMAINING
#2 UNLAWFULLY
#3 IN A BUILDING
#4 W/ the INTENT to commit a CRIME inside
#5 Aggravating factor
-- Building is a DWELLING
-- Non-participant is INJURED
-- D carries a WEAPON

Front 37

NY Burglary-1

Back 37

#1 ENTERING or REMAINING
#2 UNLAWFULLY
#3 IN A BUILDING
#4 W/ the INTENT to commit a CRIME inside
#5 D KNOWS that she is burglarizing a DWELLING
#6 Aggravating factor
-- Non-participant is INJURED
-- D carries a WEAPON

Front 38

NY Arson-4

Back 38

RECKLESS burning of a building

Front 39

NY Arson-3

Back 39

INTENTIONAL burning of a building

Front 40

NY Arson-2

Back 40

#1 INTENTIONAL burning of a building
#2 D KNOWS or SHOULD HAVE KNOWN that someone was inside a building

Front 41

NY Arson-1

Back 41

#1 INTENTIONAL burning of a building
#2 D KNOWS or SHOULD HAVE KNOWN that someone was inside a building
#3 EXPLOSIVE DEVICE

Front 42

NY Withdrawal (Renunciation)

Back 42

- Accomplice MUST make a SUBSTANTIAL EFFORT to prevent commission of the crime
- Renunciation is an AFFIRMATIVE DEFENSE

Front 43

Accomplice liability

Back 43

Accomplice is guilty of
#1 All crimes that she AIDED/ENCOURAGED (just as if she did it), AND
#2 All other FORESEEABLE crimes committed along w/ the aided crime

Front 44

Accessory after the fact

Back 44

#1 ASSIST a principal who has committed a felony
#2 W/ KNOWLEDGE that the crime has been committed
#3 INTENT to help principal AVOID ARREST or CONVICTION

Front 45

NY Vicarious liability + conspiracy

Back 45

- NO VICARIOUS LIABILITY for crimes committed by co-conspirators
- D cannot be convicted based on uncorroborated testimony of a co-conspirator

Front 46

NY Attempt

Back 46

#1 Conduct that gets DANGEROUSLY CLOSE to the commission of the crime
#2 STRONGLY CORROBORATIVE of a criminal purpose
#3 SI to commit the crime

Front 47

Conspiracy

Back 47

#1 AGREEMENT between ≥2 people to commit a crime
-- CL required ≥2 guilty minds, and needed conviction of ≥2 people for conspiracy
-- NY allows conviction of 1 person for conspiracy
#2 An OVERT ACT in furtherance of the crime (MAJ)
#3 SI to accomplish the conspiracy's objective

Front 48

Solicitation

Back 48

#1 ASKING someone to commit a crime
#2 W/ the SI that the crime be committed

Front 49

CL Merger (Inchoate offenses)

Back 49

- Solicitation merges w/ conspiracy, attempt, and completed crimes
- Conspiracy DOES NOT merge w/ attempt or completed crimes
- Attempt merges w/ completed crimes

Front 50

NY Merger (Inchoate offenses)

Back 50

- Solicitation DOES NOT merges w/ conspiracy, attempt, and completed crimes
- Conspiracy does not merge w/ attempt or completed crimes
- Attempt merges w/ completed crimes

Front 51

NY Insanity defense

Back 51

D LACKED the SUBSTANTIAL CAPACITY to either
- Understand the NATURE of her act
- Appreciate the CRIMINALITY of her conduct
Insanity is an AFFIRMATIVE DEFENSE (D must prove by PoE)

Front 52

NY (Prosecution of kid as adult)

Back 52

<13 → not allowed; only “juvy delinquency” proceedings in family ct
13 → allowed for 2d degree murder
14 or 15 → allowed for crimes against persons or property
16+ → allowed for any crime

Front 53

Self-defense (Non-deadly force)

Back 53

Allowed when force is
#1 REASONABLY NECESSARY
#2 To protect against an IMMINENT use
#3 Of UNLAWFUL force against herself

Front 54

Self-defense (Deadly force)

Back 54

When D is facing an imminent threat of DEATH or SERIOUS INJURY (subject to two rules):
- Aggressor rule: ∆ may not use deadly force if she is the initial aggressor, but may REGAIN the right to use deadly self-defense IF (2 options)
-- Aggressor WITHDRAWALS from the fight AND communicates that w/drawl to the other person
-- V SUDDENLY ESCALATES a non-deadly fight into a deadly fight
--- NY: MUST w/drawl, even during sudden escalation
- Retreat rule: D is req’d to retreat before using deadly force in self-defense
-- MAJ/“American”/“True Man” Rule: Retreat is NOT req’d
-- MIN/CL/MPC/NY Rule: Retreat IS REQ’D, UNLESS (2 options)
--- D cannot retreat in COMPLETE SAFETY
--- D is in her HOME (“castle exception”)

Front 55

NY Crime prevention (Deadly force)

Back 55

- Deadly force may only be used to prevent a FELONY RISKING HUMAN LIFE
- Deadly force may be used to prevent a rape, robbery, arson, kidnapping, or burglary; and retreat is not req’d

Front 56

CL Murder

Back 56

#1 Causing the DEATH
#2 Of ANOTHER PERSON
#3 With MALICE AFORETHOUGHT (one of four things)
- #1 Intent to KILL
-- Deadly weapon rule: intentional use of a deadly weapon creates an inference of an intent to kill
- #2 Intent to inflict GREAT BODILY HARM (SERIOUS INJURY)
- #3 EXTREME RECKLESSNESS (abandoned and malignant heart)
- #4 FELONY MURDER

Front 57

CL Voluntary manslaughter

Back 57

#1 An INTENTIONAL KILLING
#2 Committed in the HEAT OF PASSION
#3 After ADEQUATE PROVOCATION (two components)
-- #1 Provocation that would arouse a SUDDEN AND INTENSE PASSION in the mind of an ordinary person (serious assault & battery, robbery, sight of adultery, but not words alone), AND
-- #2 D did not have time to COOL OFF

Front 58

CL Involuntary manslaughter

Back 58

#1 Killing with CRIMINAL NEGLIGENCE (should have known), OR
#2 Killing during a crime if it is not felony murder (called “misdemeanor manslaughter”)

Front 59

CL Felony murder

Back 59

ANY killing cause during the commission of or attempt to commit a felony, subject to LIMITATIONS:
- D must be GUILTY OF UNDERLYING FELONY
- Felony must be inherently dangerous
- Felony must be SEPARATE FROM THE KILLING ITSELF
-- Merger rule, needs some purpose other than the murder itself
- Killing must be DURING the felony or DURING IMMEDIATE (CONTINUOUS) FLIGHT from the felony
- Killing must be IN FURTHERANCE of the felony
- Death must be FORESEEABLE
- V must not be a CO-FELON

Front 60

Accomplice (Act + MS)

Back 60

#1 AIDING/ENCOURAGING the principal
#2 W/ the SI that the crime be committed
-- NY: Accomplice NEED NOT specifically intend that the crime be committed; it is enough if the accomplice specifically intends to aid the principal’s conduct, and OTHERWISE has the MS req’d for the principal’s crime (this means it is possible in NY to be an accomplice to a negligent or reckless crime)

Front 61

Insanity (M'Naughten test)

Back 61

D either
- Did not know his act was WRONG, OR
- Did not UNDERSTAND THE NATURE of his act

Front 62

Insanity (Irresistible impulse test)

Back 62

(Usually added to the M’Naughten test), D either
- Was unable to CONTROL her actions, OR
- Was unable to CONFORM her conduct to the law

Front 63

Insanity (MPC)

Back 63

D LACKED the SUBSTANTIAL CAPACITY to either
- Appreciate the CRIMINALITY of her conduct, OR
- Conform her conduct to the LAW

Front 64

Insanity (NY)

Back 64

(Affirmative defense) D LACKED the SUBSTANTIAL CAPACITY to either
- Understand the NATURE of her act, OR
- Appreciate the CRIMINALITY of her conduct