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New York Criminal Law


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What are the five situations in which Omissions become criminally liable?
1. statute specifies it. 2. a contractual duty exists. 3. a fiduciary relationship exists 4. voluntary assumption of duty of care 5. where your own conduct created the peril
What are the Specific Intent Crimes?
The Specific Intent Crimes are 1. The Inchoate Offenses: Solicitation, Attempt, Conspiracy. 2. First degree murder 3. Assault 4. Felonies on Property: Larceny, Embezzlement, Robbery, Burglary, and Forgery
What are the Malice Crimes?
Murder (not first degree -- just plain "murder" means 2nd degree) and Arson
What are the General Intent Crimes?
This is a catch-all category
What are the NY Distinctions for Accomplice Liability?
1. An accomplice is not absolved of liability by principal's defenses going to mental state. So if P is insane, A may still be liable. 2. Acc is not absolved from liability even if P is acquitted, immune, or not prosecuted. 3. A person may not be convicted solely on the uncorroborated testimony of an accomplice
What are the elements of conspiracy?
Pursuit of an unlawful objective. If unlawfulness is established, then you need an agreement, and intent to agree, an intent to pursue the unlawful objective and an OVERT ACT (OA is the maj rule and the rule in NY). Recall that conspiracy does NOT merge.
What are the NY distinctions for Conspiracy?
1. Overt Act. 2. in NY you CAN conspire with an undercover police officer. 3. in NY you CAN withdraw from the conspiracy but you must BOTH renounce the conspiracy AND prevent the commission of the substantive crime. 4. A MERE conspiror is not liable for the subsequent substantive offenses of co-conspirators
Describe the Insanity Defense in New York
The NY insanity defense resembles the M'Naughton test. "At the time of his conduct, Defendant lacked the ability to know the wrongfulness of his actions or understated the nature and quality of his actions."
Describe the three insanity defenses that are NOT used in NY.
1. The irresistible impulse test: the defendant lacked the capacity for self control and free choice. 2. the Durham Rule: defendant's conduct is the product of a mental illness. 3. the Model Penal Code rule: defendant lacked the ability to conform his conduct to the requirements of law.
Involuntary intoxication and insanity
When is voluntary intoxication a defense?
Voluntary intoxication is a defense to Specific Intent crimes and to No Other Kinds of Crime. Bonus question: what are the specific intent crimes?
State the rules on infancy as a defense.'
Under age seven: No Criminal Liability. Under age 14: a Rebuttable Presumption of No Criminal Liability

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