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NYLE Criminal Law and Procedure actual exam with 100- correct answers 2025.
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NYLE Criminal Law and Procedure actual exam with 100- correct answers 2025.
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NYLE: Criminal Law andProcedure actual exam with
100% correct answers 2025
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). - 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 - 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 - 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 - 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 - 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 - 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 - 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
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