NYLE: Criminal Law and Procedure
Exam Questions and Answers 100%
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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). - ✔✔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 - ✔✔County Courts exist only in the
Second Judicial Department outside New York City and Long Island and in
1
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,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 - ✔✔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 - ✔✔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 - ✔✔An "offense" is any
conduct for which a sentence to a term of imprisonment or to a fine is
2
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,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
3
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, 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
4
100% Pass Guarantee Katelyn Whitman, All Rights
Exam Questions and Answers 100%
Pass
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). - ✔✔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 - ✔✔County Courts exist only in the
Second Judicial Department outside New York City and Long Island and in
1
100% Pass Guarantee Katelyn Whitman, All Rights
,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 - ✔✔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 - ✔✔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 - ✔✔An "offense" is any
conduct for which a sentence to a term of imprisonment or to a fine is
2
100% Pass Guarantee Katelyn Whitman, All Rights
,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
3
100% Pass Guarantee Katelyn Whitman, All Rights
, 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
4
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