NYLE - Criminal Law and Procedure
UPDATED Exam Questions and CORRECT
Answers
I. Criminal Court Subject Matter Jurisdiction
A. Supreme Court: NY Const art VI, § 7; CPL 10.20, 10.30; People v Correa, 15 NY3d 213
(2010). - CORRECT ANSWER - The Supreme Court, as a court of general jurisdiction,
can exercise jurisdiction over all criminal proceedings. In practice, the only criminal jurisdiction
it exercises is over felonies in New York City.
I. Criminal Court Subject Matter Jurisdiction
B. County Court: NY Const art VI, § 11 - CORRECT ANSWER - 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.
I. Criminal Court Subject Matter Jurisdiction
C. New York City Civil Court; New York City Criminal Court: NY Const art VI, § 15 -
CORRECT ANSWER - The New York City Criminal Court has criminal jurisdiction
within the City of New York over misdemeanors and violations.
I. Criminal Court Subject Matter Jurisdiction
D. District, city, town and village courts: NY Const art VI, §§ 16, 17; Uniform Court Acts § 202 -
CORRECT ANSWER - 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.
B. Classifications of offenses: Penal Law§ 10.00 - CORRECT ANSWER - An "offense" is
any conduct for which a sentence to a term of imprisonment or to a fine is
provided by any law or by any law or ordinance of the state or a political subdivision or by any
order, rule or regulation of any governmental instrumentality authorized by law to adopt it.
A "felony" is an offense for which a sentence to a term of imprisonment in excess of one
,year may be imposed.
A "misdemeanor" is an offense, other than a traffic violation, for which a sentence to a
term of imprisonment in excess of 15 days, but not in excess of one year, may be imposed.
A "crime" is a misdemeanor or a felony. Although many crimes are defined by the Penal
Law, violations of a myriad of other statutes may constitute crimes ( e.g., Vehicle and Traffic
Law
art. 31 [alcohol and drug-related offenses], General Business Law [fraudulent investment
practices], Election Law [illegal voting and campaign practices], and Agricultural and Markets
Law art. 26 [ animal cruelty].
A ''violation" is an offense, other than a traffic infraction, for which a sentence to a term
of imprisonment in excess of 15 days cannot be imposed.
A ''traffic violation" is a violation of any provision of the Vehicle and Traffic Law or of
any other law, ordinance, order, rule or regulation regulating traffic which is not expressly
declared to be a misdemeanor or a felony (Vehicle and Traffic Law § 155).
C. Trials: CPL 270,310,360 - CORRECT ANSWER - Unless waived by the defendant
(CPL 320.10), trial of a felony or misdemeanor charge is
by jury, except that in the New York City Criminal Court, the trial of a misdemeanor for which
the authorized term of imprisonment is not more than six months must be by a single judge
without
a jury (CPL 260.10, 340.40 [2]).
The trial of a noncriminal offense must be by a single judge without a jury (CPL 340.40 [l]).
The jury for a trial of a felony consists of 12 persons (CPL 270.05 [l ]), and up to 6 alternate
jurors may also be selected (CPL 270.30). The jury for a trial of a misdemeanor consists of 6
, persons (CPL 360.10 [l ]), and 1 or 2 alternate jurors may be selected (CPL 360.35). A jury
verdict must be unanimous (CPL 310.40, 310.80).
D. Appeals: CPL 450.60 - CORRECT ANSWER - Appeals in criminal cases may be taken
from most judgments, sentences and orders (CPL
art 450). Unless the defendant waived the right to appeal as part of the plea bargain, a defendant
who has been convicted and sentenced pursuant to a plea bargain may thereafter appeal pretrial
orders denying motions for the suppression of confessions illegally obtained evidence or
identification testimony, but a defendant may not appeal from a sentence which did not exceed
that which was agreed to by the defendant as a condition of the plea (CPL 450.10 [l], [2]).
An appeal from a judgment, sentence or order of the supreme court or of a county court
must be taken to the appellate division of the department in which it was entered (CPL 450.60
[l], [2]).
Appellate Terms of the Supreme Court in the First and Second Departments hear appeals
from cases originating in the local criminal courts in their departments (CPL 450.60 [3], [ 4];
450.60; 22 NYCRR 640.1, 730.1).
An appeal from a judgment, sentence or order of a local criminal court located in the Third
or Fourth Department must be taken to the county court of the county in which such judgment,
sentence or order was entered (CPL 450.60 [3]).
An appeal to the Court of Appeals is generally available only by permission, and the
appellant must obtain a certificate granting leave to appeal and certifying that there is a question
of law which ought to be reviewed by the Court (CPL 450.90, 460.10 [5] [al). Without the
required
certificate, the Court lacks jurisdiction, and any appeal taken will be dismissed (People v
Thomas,
44 NY2d 759 [1978]). Either a judge of the Court of Appeals or a justice of the Appellate
Division
UPDATED Exam Questions and CORRECT
Answers
I. Criminal Court Subject Matter Jurisdiction
A. Supreme Court: NY Const art VI, § 7; CPL 10.20, 10.30; People v Correa, 15 NY3d 213
(2010). - CORRECT ANSWER - The Supreme Court, as a court of general jurisdiction,
can exercise jurisdiction over all criminal proceedings. In practice, the only criminal jurisdiction
it exercises is over felonies in New York City.
I. Criminal Court Subject Matter Jurisdiction
B. County Court: NY Const art VI, § 11 - CORRECT ANSWER - 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.
I. Criminal Court Subject Matter Jurisdiction
C. New York City Civil Court; New York City Criminal Court: NY Const art VI, § 15 -
CORRECT ANSWER - The New York City Criminal Court has criminal jurisdiction
within the City of New York over misdemeanors and violations.
I. Criminal Court Subject Matter Jurisdiction
D. District, city, town and village courts: NY Const art VI, §§ 16, 17; Uniform Court Acts § 202 -
CORRECT ANSWER - 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.
B. Classifications of offenses: Penal Law§ 10.00 - CORRECT ANSWER - An "offense" is
any conduct for which a sentence to a term of imprisonment or to a fine is
provided by any law or by any law or ordinance of the state or a political subdivision or by any
order, rule or regulation of any governmental instrumentality authorized by law to adopt it.
A "felony" is an offense for which a sentence to a term of imprisonment in excess of one
,year may be imposed.
A "misdemeanor" is an offense, other than a traffic violation, for which a sentence to a
term of imprisonment in excess of 15 days, but not in excess of one year, may be imposed.
A "crime" is a misdemeanor or a felony. Although many crimes are defined by the Penal
Law, violations of a myriad of other statutes may constitute crimes ( e.g., Vehicle and Traffic
Law
art. 31 [alcohol and drug-related offenses], General Business Law [fraudulent investment
practices], Election Law [illegal voting and campaign practices], and Agricultural and Markets
Law art. 26 [ animal cruelty].
A ''violation" is an offense, other than a traffic infraction, for which a sentence to a term
of imprisonment in excess of 15 days cannot be imposed.
A ''traffic violation" is a violation of any provision of the Vehicle and Traffic Law or of
any other law, ordinance, order, rule or regulation regulating traffic which is not expressly
declared to be a misdemeanor or a felony (Vehicle and Traffic Law § 155).
C. Trials: CPL 270,310,360 - CORRECT ANSWER - Unless waived by the defendant
(CPL 320.10), trial of a felony or misdemeanor charge is
by jury, except that in the New York City Criminal Court, the trial of a misdemeanor for which
the authorized term of imprisonment is not more than six months must be by a single judge
without
a jury (CPL 260.10, 340.40 [2]).
The trial of a noncriminal offense must be by a single judge without a jury (CPL 340.40 [l]).
The jury for a trial of a felony consists of 12 persons (CPL 270.05 [l ]), and up to 6 alternate
jurors may also be selected (CPL 270.30). The jury for a trial of a misdemeanor consists of 6
, persons (CPL 360.10 [l ]), and 1 or 2 alternate jurors may be selected (CPL 360.35). A jury
verdict must be unanimous (CPL 310.40, 310.80).
D. Appeals: CPL 450.60 - CORRECT ANSWER - Appeals in criminal cases may be taken
from most judgments, sentences and orders (CPL
art 450). Unless the defendant waived the right to appeal as part of the plea bargain, a defendant
who has been convicted and sentenced pursuant to a plea bargain may thereafter appeal pretrial
orders denying motions for the suppression of confessions illegally obtained evidence or
identification testimony, but a defendant may not appeal from a sentence which did not exceed
that which was agreed to by the defendant as a condition of the plea (CPL 450.10 [l], [2]).
An appeal from a judgment, sentence or order of the supreme court or of a county court
must be taken to the appellate division of the department in which it was entered (CPL 450.60
[l], [2]).
Appellate Terms of the Supreme Court in the First and Second Departments hear appeals
from cases originating in the local criminal courts in their departments (CPL 450.60 [3], [ 4];
450.60; 22 NYCRR 640.1, 730.1).
An appeal from a judgment, sentence or order of a local criminal court located in the Third
or Fourth Department must be taken to the county court of the county in which such judgment,
sentence or order was entered (CPL 450.60 [3]).
An appeal to the Court of Appeals is generally available only by permission, and the
appellant must obtain a certificate granting leave to appeal and certifying that there is a question
of law which ought to be reviewed by the Court (CPL 450.90, 460.10 [5] [al). Without the
required
certificate, the Court lacks jurisdiction, and any appeal taken will be dismissed (People v
Thomas,
44 NY2d 759 [1978]). Either a judge of the Court of Appeals or a justice of the Appellate
Division
