39 terms

Bar Review

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?
Does mistake of law negate mens rea?
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?
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