NYLE - Criminal Law and Procedure
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Criminal Court Subject Matter
Jurisdiction - ✔✔The Criminal Procedure Law divides New York courts
into two categories: superior courts (which include Supreme Court and
County Court) and local criminal courts (which include city courts, town
courts, district courts and the New York City Criminal Court). Violations
and misdemeanors are generally tried in local criminal courts and felonies
are tried in County Court or Supreme Court. A felony may be initiated by
the filing of an information or complaint in a local criminal court.
However, in order try a defendant for a felony, it must ultimately be
prosecuted by an indictment filed by the grand jury or a defendant's
1
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,consent to waive indictment and proceed by a superior court information
(see NY Const art I, § 6).
Supreme Court: NY Const art VI, § 7; CPL 10.20, 10.30; People v Correa, 15
NY3d 213 (2010). - ✔✔The Supreme Court, a court of general jurisdiction,
can exercise jurisdiction over all criminal proceedings. In practice, it
exercises criminal jurisdiction only over felonies in New York City.
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
the Third and Fourth Judicial Departments. County Courts have
jurisdiction over all criminal matters, but hear primarily felonies.
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.
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,
2
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,town and village courts, have criminal jurisdiction over misdemeanors and
violations.
General Principles: Mental culpability: Culpable mental states: Penal Law §
15.05 - ✔✔A defendant must act intentionally, knowingly, recklessly or
with criminal negligence in order to be held criminally liable for a crime. A
person acts "intentionally" with respect to a result or conduct when his or
her conscious objective is to cause such result or engage in such conduct.
"Knowingly" requires that a person be "aware" that his or her conduct is of
the nature described by the offense or that a circumstance described by the
offense exists. A person acts "recklessly" with respect to a result when he or
she is aware of and consciously disregards a substantial and unjustifiable
risk that such result will occur. "Criminal negligence" requires that a person
fail to perceive a substantial and unjustifiable risk that a certain result will
occur.
General Principles: Mental culpability: Mistake of fact or law: Penal Law
§15.20 - ✔✔A person is generally not relieved of criminal liability for
conduct because he or she engages in such conduct under a mistaken belief
3
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, of fact unless the factual mistake negates the culpable mental state required
for the commission of the offense or the statute defining the offense
expressly provides that a factual mistake constitutes a defense.
Additionally, a person is generally not relieved of criminal liability for
conduct because he or she engages in the conduct under the mistaken
belief that it does not constitute an offense, unless the mistaken belief is
based upon an official statement of the law.
Defenses related to mental culpability: Mental disease or defect: Penal Law
§ 40.15 - ✔✔In any prosecution for an offense, it is an affirmative defense
that when the defendant engaged in the proscribed conduct, he or she
lacked criminal responsibility by reason of mental disease or defect. Such
lack of criminal responsibility means that at the time of such conduct, as a
result of mental disease or defect, he or she lacked "substantial capacity to
know or appreciate" either:
• The nature and consequences of such conduct, or
• That such conduct was wrong.
4
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Exam Questions and Answers 100%
Pass
Criminal Court Subject Matter
Jurisdiction - ✔✔The Criminal Procedure Law divides New York courts
into two categories: superior courts (which include Supreme Court and
County Court) and local criminal courts (which include city courts, town
courts, district courts and the New York City Criminal Court). Violations
and misdemeanors are generally tried in local criminal courts and felonies
are tried in County Court or Supreme Court. A felony may be initiated by
the filing of an information or complaint in a local criminal court.
However, in order try a defendant for a felony, it must ultimately be
prosecuted by an indictment filed by the grand jury or a defendant's
1
100% Pass Guarantee Katelyn Whitman, All Rights
,consent to waive indictment and proceed by a superior court information
(see NY Const art I, § 6).
Supreme Court: NY Const art VI, § 7; CPL 10.20, 10.30; People v Correa, 15
NY3d 213 (2010). - ✔✔The Supreme Court, a court of general jurisdiction,
can exercise jurisdiction over all criminal proceedings. In practice, it
exercises criminal jurisdiction only over felonies in New York City.
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
the Third and Fourth Judicial Departments. County Courts have
jurisdiction over all criminal matters, but hear primarily felonies.
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.
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,
2
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,town and village courts, have criminal jurisdiction over misdemeanors and
violations.
General Principles: Mental culpability: Culpable mental states: Penal Law §
15.05 - ✔✔A defendant must act intentionally, knowingly, recklessly or
with criminal negligence in order to be held criminally liable for a crime. A
person acts "intentionally" with respect to a result or conduct when his or
her conscious objective is to cause such result or engage in such conduct.
"Knowingly" requires that a person be "aware" that his or her conduct is of
the nature described by the offense or that a circumstance described by the
offense exists. A person acts "recklessly" with respect to a result when he or
she is aware of and consciously disregards a substantial and unjustifiable
risk that such result will occur. "Criminal negligence" requires that a person
fail to perceive a substantial and unjustifiable risk that a certain result will
occur.
General Principles: Mental culpability: Mistake of fact or law: Penal Law
§15.20 - ✔✔A person is generally not relieved of criminal liability for
conduct because he or she engages in such conduct under a mistaken belief
3
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, of fact unless the factual mistake negates the culpable mental state required
for the commission of the offense or the statute defining the offense
expressly provides that a factual mistake constitutes a defense.
Additionally, a person is generally not relieved of criminal liability for
conduct because he or she engages in the conduct under the mistaken
belief that it does not constitute an offense, unless the mistaken belief is
based upon an official statement of the law.
Defenses related to mental culpability: Mental disease or defect: Penal Law
§ 40.15 - ✔✔In any prosecution for an offense, it is an affirmative defense
that when the defendant engaged in the proscribed conduct, he or she
lacked criminal responsibility by reason of mental disease or defect. Such
lack of criminal responsibility means that at the time of such conduct, as a
result of mental disease or defect, he or she lacked "substantial capacity to
know or appreciate" either:
• The nature and consequences of such conduct, or
• That such conduct was wrong.
4
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