NY Distinctions for Bar Exam

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Past or moral consideration is binding if: 1. the promise is in writing
2. the past consideration is expressly stated
3. the consideration can be proven
4. the writing is sign by the promisor
An option contract is not revocable during the time stated or for a reasonable time even if the offer is not support by consideration if it is ______ , ______ and ________________ .: An option contract is not revocable during the time stated or for a reasonable time even if the offer is not support by consideration if it is in writing, signed by the offeror, and states that the offer of irrevocable.
Infants can not void contracts in the following situations: 1)_____ 2)_____ 3)______ 4)______ 5)_______.: 1) 14 1/2 year old contracts for life insurance
2) 16 year old or older makes educational loans
3) all contracts by 18 year olds
4) realy contracts related to marital home
5) ks involving artistic or atheletic services.
Mutual mistake makes a contract: VOID
Consideration is _______ a benefit to the promisor or a detriment to the promissee: EITHER
New York does not follow the ___ ____ ____; thus requires promisor to come under and independent duty of payment irrespective of the liability of the principle.: Main purpose rule
A gratitous assignment is irrevocable if ______ and _____.: in writing and signed by the assignor.
For a modification, no consideration is needed if the modification is _________ and _____________.: in writing and signed by the party to be charged or his agent.
NY permits any claim to be ____ by a written instrument _____ consideration: NY permits any claim to be released by a written instrument without consideration.
Withdrawal is an affirmative defense to accomplice liability for the substantive offense, other than an attempt, if the accomplice 1) ______ 2)______ 3_______: 1) voluntarily and completely renounces his criminal past
2) withdraws prior to commission of the offense
3) makes a substantial effort to prevent the crime.
A person may/may not be convicted solely upon the uncorroborated testimony of an accomplice: A person MAY NOT be convicted on the uncorroborated testimony of an accomplice, except in police discriminatory hearings.
Withdrawal is an affirmative defense to solicitation and conspiracy if defendant 1)____ and _______: Withdrawal is an affirmative defense to solicitation and conspiracy if defendant voluntarily and completely renounced; and prevented commission of the object crime. If the object crime does not occur, d has a defense to the anticipatory crimes only his HIS efforts prevented commission of the crime.
A single defendant may/may not be convicted of conspiracy.: A single defendant MAY be onvicted of conspiracy. There is no defense to a conspiracy based on co-conspirator's irresponsibility, incapacity or failure to have requisite culpability for a crime. E.G. you CAN conspire with a police officer.
What is the NY insanity defense?: A person is not criminally responsible for conduct if, at the time of the conduct, as a result of mental desease or defect, he lacked capacity to know or appreciate either the nature and consequence of such conduct or that such conduct was wrong.
There is no crime of ______ in NY.: There is no crime of BATTERY in NY; there is only the crime of assault which encompasses common law batter. Assault requires victim to suffer physical injury, defined as impairment of physical condition or subsdtantial pain. Attempted assault is also possible in NY and is equivalent to common law assault.
The New York first degree murder statute can be most simply summarized as: intentional murder with special circumstances.
What are the special circumstances?: 1) intended victim was a police officer, court officer, parole officer or employee of division of youth, engaged in official duties, and d knew or should have know that victim was such.
2)victim was killed because he was a judge
3) victim was witness or family member of witness
4) d committed murder for hire.
5) the victim, a non-participant in the crime, was intentionally killed by the defendant during the course of one of the specified felonies or immediate flight therefrom.
6) d was in or had escaped custody
7) torture murder
8) intentionally killed more than one person as part of same criminal transaction or was previously convicted of murder in the first or second degree or another equivalent law
9) serial murder
2)
What are the 3 forms of second degree murder in NY?: 1) intentional murder, other than first degree
2) highly reckless murder
3) felony murder
When a person, with intent to cause the death of another, cause the death of such person or of a third party (transferred intent) two affirmative defenses can exculpate the defendant. What are they?: 1) extreme emotional disturbance (heat of passion)
2) aiding a suicide
These defenses mitigate the crime so that d can still be prosecuted for manslaughter.
Burglary - distinctions from the common law.: 1) includes remaining unlawfully
2) incorporates the element of breaking into entering
3) does not limit the intent to the commission of a felony: can be intent to commit ANY crime
4) except as an element for grading purposes, does not require a building to be a dwelling
5) does not require the act to be committed at NIGHT.
Third degree burglary is: 1) knowingly entering or remaining unlawfully
2) in a building, and
3) with the intent to commit a crime therein.
First degree burglary is: Burglary of a dwelling (including motor vehicles)
and aggravated by:
1) building was a dwelling
2) defendant injured non-participant, or
3) d was armed
If display of a firearm is part of the charge, d has an affirmative defense if he can show that the instrument was not a weapon or the weapon was not loaded.
New York does/does not recognize the good faith exception for defective search warrants.: MY DOES NOT recognize the good faith exception for defective search warrants.
In NY what constitutes a seizure of a person?: Police pursuit is a seizure.
NY has a more stringent standard than the U.S. Constitution requires for use of informers for search warrant application. Under the Aguilar-Spinelli test a search warrant application must demonstrate: 1) and 2): 1) veracity or reliabiity of the source of information, and
2) the basis of informant's knowledge
If the informer has not revealed the basis for his knowledge, probable cause for verification can arise only where the observation confirms sufficient details suggestive of or directly related to the criminal activity informed about.
NY provides broader protection than U.S. constitution requires for search incident to lawful arrest. In order to search containers in the wingspan the officer must _________: suspect that the arrested person may be armed. Furthermore, once an accupent has been removed from the car, police may not remove closed containers or bags to look for weapons or other evidence.
No common law right to blood or chemical tests absent a court order but in NY, Evanescent Evidence Exception is that "any person who operates a motor vehicle in the state shall be deemed __________________.: To have given his consent to the search.
No right to counsel exists at an "investigatory lineup" held prior to formal prosecutorial action except when 1) ____ and 2) _______: 1) police are aware that defendant is represented by counsel on another charge; and
2) defendant explicity requests his attorney.
What is the Arthur Hobson Rule regarding voluntariness of confessions?: NY has specifically ruled that the length of interrogation and custody are factors in determining voluntariness of confessions.
Sixth Amendment Right to Counsel - NY provides an _____ right to counsel: indelible right to counsel.
The indelible right to counsel attaches when:: 1) d is in custody, the police are engaging in activity overwhelming to the layperson and the defendent requests counsel; or
2) at an arraignment,
3) upon the filing of an accusatory instrument; or
4) there has been any significant judicial activity.
Waiver may be obtained from a criminal defendant who is actually and known to be represented by an attorney only _______________ .: in the presence of counsel.
No right to counsel exists at an investigatory lineup held prior to formal prosecutorial action exept when 1) and 2): 1) police are aware that d is represented by counsel on another charge; and
2) defendant explicitly requests his attorney.
NY narrows the scope ofadmissible evidence at grand jury proceedings. Grand injury may indict when 1) the evidence establishes ____________ 2) the evidence before it is ____________ to establish that the accused committed the offense, and: NY narrows the scope ofadmissible evidence at grand jury proceedings. Grand injury may indict when
1) the evidence establishes all the elements of the crime;
2) the evidence before it is legally sufficient to establish that the accused commited the offense; and
3) the evidence establishes reasonable cause to believe that the accused committed the crime.
A spontaneous statement made by they defendant without any ________, ________ or _______ by the authorities may properly be admitted, even if the statement was made in the absense of oounsel.: enducement, provocation or encouragement.
In other words the statement is BLURTED OUT.
If statement is not blurted out and not admissible as a confession, it is still admissible for impeachment.
Defendant must notify prosecutor ____ days from "not guilty plea" if raising insanity as a defense. Within ____ days after arraignment, prosecutor may serve defendant with demand for the alibi defense and the defendant must reply within ___ day: 30 days
20 days
8 days
Unless the indictment charges murder in the first degree, the d at any time before trial may waive a trial by jury if the waiver is: 1) ____ 2) _____ 3)_____, and 4_______.: 1) in writing
2) signed in open court
3) in the presence of the judge, and
4) with the judge's approval.

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