Bar Review

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NY Mens Rea (4)

Purposely, Knowingly/Wilfully, Recklessly, Negligently

When statute is silent as to mental state

Need at least recklessness

Does mistake of fact (wrong laptop) negate mens rea?

yes

Does mistake of law negate mens rea?

no

Murder (MBE)

Intent to kill, Intent to inflict serious bodily injury, depraved heart, felony murder (MR. BRAK)

Felony Murder (MBE)

Mayhem, Robbery, Burglary, Rape, Arson, Kidnapping

Voluntary Manslaughter (MBE)

Murder with adequate provocation

What constitutes adequate provocation?

adultery, threat of battery or deadly force, words not enough, no time to cool off

Imperfect self defense

When D makes an honest but unreasonable mistake OR was the aggressor. REs: mans, not murder

Involuntary manslaughter

Unintentional homicide committed with criminal negligence OR misdemeanor manslaughter

NY 1st Degree Murder

Intent kill cop, guard, W, judge; for hire; cruel and wanton murders intended to inflict torture on V; felony M (BRAKERS) when D personally and intent (not a cofelon) kills

NY 2d Degree Murder

Intentionally killing V, depraved indifference, felony murder that isn't first (when D didn't personally/intent kill V)

NY Felony Murder

BRAKERS: burglary, robbery, arson, kidnaping, escape, rape, sexual abuse

NY Felony Murder Aff Defense

(1) D didn't commit homicidal act, (2) was not armed, (3) reasonable believed nobody was armed, (4)no reason to believe that other participants would engage in conduct likely to result in death

NY 1st Degree Manslaughter

Death caused with intent to inflict serious bodily injury (not kill), Intent killing under extreme emo disturb, abortion after 24W, serious physical injury that results in death of child

NY 2d Degree Manslaughter

Recklessly cause death of another, intent assist suicide or abortion where mother dies

Vehicular Manslaughter

1st degree: driver has a revoked license
2d degree: all others

Criminally negligent homicide

less than vehicular manslaughter

Larceny elements (MBE)

Tresspassory taking, carrying away, of personal property, belonging to another, with an intent to deprive V of property AT THE TIME it was taken

Larceny by trick (MBE)

D gains possession by lying
(Counts as larceny)

Embezzlement (MBE)

Fraud + conversion
(no req of carrying away)

False Pretenses (MBE)

Obtains TITLE of property, of another person, through reliance of that person on a known false representation of material past or present fact, and rep was made to defraud (usually the wrong answer)

NY Larceny includes

larceny, larceny by trick, embezzlement

NY 1st Degree Larceny

Property worth more than 1M

NY 2d Degree Larceny

Property worth more than 50k, extortion, when D abuses public servant position

NY 3d Degree Larceny

Property worth > 3k

NY Fourth Degree Larceny

Property worth > 1k, credit card, religious article, public record, secret scientific material, firearm, car worth more than $100, telephonic access device

NY Petit Larceny

Property worth $100 or less

Robbery (MBE)

All elements of larceny PLUS some kind of force or intimidation by D, plus taking must be on the person or in the presence of V

NY 1st Degree Robbery

A non-participant is seriously injured, D is armed with a deadly weapon, D threatens to use a dangerous instrument

NY 2d Degree Robbery

Robbery with more than one person, A nonparticipant is injured, D displays what appears to be a weapon, car is stolen

NY 3d Degree Robbery

Everything that's not 1st and 2d

Burglary (MBE)

A breaking, and entering, of a dwelling, of another, at night, with the intent to commit a felony therein.

Burglary and Larceny (MBE) Merge?

No

NY Burglary distinctions

Doesn't need to be at night and doesn't need a breaking (remaining in a bldg counts)

NY 3d Degree Burglary

Burglary of any building

NY 2d Degree Burglary

Burglary of a dwelling

NY 1st Degree Burglary

Burglary of a dwelling AND either armed, threatens to use dang instrum or injures a nonparticipant

Receipt of Stolen Property

Receive stolen prop with knowledge it was stolen, and must intend (at time of receipt) to perm deprive owner

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