Penal Law Flashcards Preview

Criminal Procedure, Penal Law, Uniform Rules, Vehicle and Traffic Law > Penal Law > Flashcards

Flashcards in Penal Law Deck (30)
Loading flashcards...
1

Juvenile offender means _______ year old who is criminally responsible for committing murder 2 degree, or sexually motivated felony (PL 130.91)

13


PL 10

2

(A deadly weapon? / dangerous instrument?) means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or any of the following: switchable knife, Gravity knife, pilum ballistic knife, metal knife, dagger, billy. Blackjack, plastic knife, metal knuckles.

Deadly weapon.


PL 10

3

Offense means conduct for which a sentence of a fine or ______ may be imposed.

A term of imprisonment.



PL 10

4

Violation is offense (other than traffic infraction) for which sentence in excess of _____ cannot be imposed.

15 days




PL 10

5

Misdemeanor means an offense (other than a traffic infraction) for which a sentence of more than 15 days and up to and including _______ can be imposed.

1 year.



PL 10

6

Felony is an offense for which a sentence of more than _____ can be imposed.

One year.



PL 10

7

Crime means a misdemeanor or a _____.

Felony.



PL 10

8

________ means any instrument, including a vehicle, which is readily capable of causing death or other serious physical injury.

A dangerous instrument.



PL 10.00

9

Which of the following apply to a juvenile offender who is 13 years old?
A. Manslaughter 1 degree and rape 1 degree
B. Murder 2 degree, or sexually motivated felony (PL130.91)
C. Kidnapping 1 degree and attempted kidnapping 1 degree
D. Manslaughter 1 degree and rape 1 degree

B. Murder 2 degree, or sexually motivated felony (PL 130.91)




PL 10

10

Which of the following statements is not correct?
A. A violation is an offense (other than traffic infraction) for which sentence in excess of 15 days cannot be imposed. (Maximum sentence is 15 days.)
B. A misdemeanor is an offense (other than a traffic infraction) for which a sentence of more than 15 days and up to and including a year can be imposed.
C. A felony is an offense for which a sentence of one year or more can be imposed.
D. A crime means a misdemeanor and a felony.

C. A felony is an offense for which a sentence of one year or more can be imposed.



PL 10

11

Which of the following is not listed as a deadly weapon in PL 10?
A. Switchblade knife
B. Gravity knife
C. Pilum ballistic knife
D. Weapon of mass destruction

D. Weapon of mass destruction




PL 10

12

A dagger, billy, blackjack, metal knuckles are listed in PL 10 as:
A. Dangerous instruments
B. Deadly weapons
C. Dangerous instruments and deadly weapons
D. None of the above

B. Deadly weapons




PL 10

13

An offense for which the specified term of imprisonment is 14 days is a:
A. Felony
B. Misdemeanor
C. Travesty
D. Violation

D. Violation




PL 10

14

A crime can be:
1. A misdemeanor
2. A felony
3. A violation
A. 1 and 3 only
B. 2 and 3 only
C. 1 and 2 only
D. None of the above

C. 1 and 2 only




PL 10

15

Felonies are classified into _____ categories

5 categories



PL 55.05

16

Class A felonies are sub-classified as _____ and _____.

Class A-1 and Class A-2 felonies


PL 55.05

17

Felonies are classified as Class A, Class B, and

C, D and E


PL 55.05

18

Misdemeanors are classified as Class A, Class B and _______.

unclassified misdemeanors


PL 55.05

19

Any offense defined outside of the Penal Law which is declared to be a felony without specification of the classification or provides a sentence in EXCESS of one year SHALL be deemed Class __ FELONY

E


PL 55.10

20

Any offense defined outside the Penal Law with a sentence of more than 15 days and up to and including a year SHALL be deemed a ________.

unclassified misdemeanor


PL 55.10

21

T/F Notwithstanding any other provision of this section, an offense defined as a traffic infraction shall not be deemed a violation or a misdemeanor by virtue of the sentence prescribed.

True


PL 55.10

22

Misdemeanors are classified into:
A. Class A-1 and Class A-2 misdemeanors
B. Class A, Class B and Class C misdemeanors
C. Class 1, Class 2 and Class 3 misdemeanors
D. Class A, Class B and unclassified misdemeanors

D. Class A, Class B and unclassified misdemeanors



PL 55.05

23

Which of the following 3 statements are false?
1. Class A felonies are sub-classified into Class A-1 felonies
and Class A-2 felonies
2. Class A misdemeanor sentence may be for more than 1
year
3. Some misdemeanors are unclassified
A. 1 only
B. 2 only
C. 3 only
D. neither 1 nor 2 nor 3

B. 2 only





PL 55.05

24

Which of the following 3 statements about offenses defined outside PL are correct?
1. If classification is not specified and sentence is more than 1 year = E Felony
2. If declared a misdemeanor without sentence or classification = A Misdemeanor
3. If sentence is more than 15 days and up to a year = Unclassified Misdemeanor
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1 and 3 only

A. 1 only





PL 55.10

25

A traffic infraction with a prescribed sentence:
1. may be deemed a violation by virtue of the prescribed sentence
2. may be deemed a misdemeanor by virtue of the prescribed sentence
3. must be deemed a felony by virtue of the prescribed sentence.
A. Statement 1 only is correct
B. Statement 1 and 2 are correct
C. Statements 1, 2 and 3 are correct
D. None of the statements are correct

D. None of the statements are correct




PL 55.10

26

Fine for felony (not controlled substance) is $5,000 or ________.

Double the amount of the defendant's gain

PL 80

27

Alternative sentence for misdemeanor or violation: Court may sentence the defendant to pay amount not exceeding _____ the amount of the defendant's gain.

Double

PL 80.05 and PL 80.10

28

Fine for felony (not controlled substance and not a corporation) is higher of:
A. double the defendant's gain, or $5,000
B. double the defendant's gain, or $15,000
C. double the defendant's gain, or $25,000
D. double the defendant's gain, or $50,000

A. double the defendant's gain or $5,000




PL 80

29

Which of the following is not a correct fine? Fine for felony (controlled substance and not a corporation) is:
A. A-1 felony $100,000
B. A-II felony $40,000
C. B felony $30,000
D. C felony $15,000

B. A-II felony $40,000



PL 80.05

30

Which of the following is not a correct fine? Fines for a corporation are:
A. felony up to $15,000
B. Class A misdemeanor (not more than 3 months) up to $5,000
C. Class B misdemeanor (3 months or less) up to $2,000
D. Violation up to $500

A. felony up to $15,000


PL 80.10

Fines for a corporation: felony up to $10,000