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7 Cards in this Set

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  • Back
Describe NY's unilateral theory of conspiracy?
A person has no defense to conspiracy based upon a co-conspirator's irresponsibility, incapacity, or failure to have requisite culpability. Can be guilty of conspiracy with a police officer or an incompetent.
What is the NY rule on the insanity defense?
That at the time of the conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either the nature and consequence of the conduct or that the conduct was wrong
When is use of deadly force against a fleeing felon allowed?
Only when the felon threatens death or serious bodily harm and deadly force is necessary to prevent his escape
What is the crime of first degree robbery in NY?
taking of personal property of another, from the other's person or presence, by force or threats of force, with intent to permanently deprive

First degree is if (1)caused a nonparticipant serious physical injury
(2) was armed, threated the use of a dangerous instrument, or displayed what appeared to be a firearm
What's the cut off age for prosecution of minors who are responsible for serious offenses?
In NY, can a can a conviction of conspiracy against one co-conspirator stand if the other alleged co-conspirator is acquitted in a separate trial?
What is reckless endangerment in the first degree? Second Degree?
First degree is conduct that created a grave risk of death to another person

Second degree is substantial risk of serious physical injury to another person