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Questions and Answers
What is larceny?
What is larceny?
What is petit larceny?
What is petit larceny?
Commits larceny valued less than or equal to $1,000
What constitutes Grand Larceny 1st?
What constitutes Grand Larceny 1st?
Commits larceny of property valued greater than $1,000,000
What is the culpability required for Grand Larceny 2nd?
What is the culpability required for Grand Larceny 2nd?
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What is the Class for Criminal Possession of Stolen Property 5th?
What is the Class for Criminal Possession of Stolen Property 5th?
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What is a component of the Criminal Justice System?
What is a component of the Criminal Justice System?
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What is the highest court in the state?
What is the highest court in the state?
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What is required for an arrest?
What is required for an arrest?
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What crime does Criminal Trespass 1st involve?
What crime does Criminal Trespass 1st involve?
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What is Arson 3rd?
What is Arson 3rd?
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What does the term 'felony' mean?
What does the term 'felony' mean?
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What is Criminal Mischief 2nd?
What is Criminal Mischief 2nd?
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What constitutes Criminal Mischief 1st?
What constitutes Criminal Mischief 1st?
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What is Criminal Tampering 3rd?
What is Criminal Tampering 3rd?
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What is the definition of Criminal Tampering 2nd?
What is the definition of Criminal Tampering 2nd?
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What does Criminal Tampering 1st involve?
What does Criminal Tampering 1st involve?
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What constitutes Cemetery Desecration 2nd?
What constitutes Cemetery Desecration 2nd?
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What is Cemetery Desecration 1st?
What is Cemetery Desecration 1st?
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What is Reckless Endangerment of Property?
What is Reckless Endangerment of Property?
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What constitutes Aggravated Cemetery Desecration 2nd?
What constitutes Aggravated Cemetery Desecration 2nd?
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What does Aggravated Cemetery Desecration 1st involve?
What does Aggravated Cemetery Desecration 1st involve?
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What is the definition of Tampering with a Consumer Product 2nd?
What is the definition of Tampering with a Consumer Product 2nd?
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What constitutes Tampering with a Consumer Product 1st?
What constitutes Tampering with a Consumer Product 1st?
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Making graffiti means the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.
Making graffiti means the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.
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What is the definition of Possession of Graffiti Instruments?
What is the definition of Possession of Graffiti Instruments?
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What actions are included in Assault 3rd?
What actions are included in Assault 3rd?
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What constitutes Assault 2nd?
What constitutes Assault 2nd?
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What is involved in Assault 1st?
What is involved in Assault 1st?
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What is Standards of Proof - Level 1?
What is Standards of Proof - Level 1?
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What is Standards of Proof - Level 2?
What is Standards of Proof - Level 2?
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What is Standards of Proof - Level 3?
What is Standards of Proof - Level 3?
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What is Standards of Proof - Level 4?
What is Standards of Proof - Level 4?
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What are some exceptions to the search warrant requirement?
What are some exceptions to the search warrant requirement?
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The police can always ask for consent to search without any underlying evidence.
The police can always ask for consent to search without any underlying evidence.
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What is Plain View in the context of law enforcement?
What is Plain View in the context of law enforcement?
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What is Curtilage?
What is Curtilage?
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Who can apply for a search warrant?
Who can apply for a search warrant?
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What is the jurisdiction of courts in regards to search warrants?
What is the jurisdiction of courts in regards to search warrants?
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What is required for execution of search warrants?
What is required for execution of search warrants?
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What does an endorsed arrest warrant allow?
What does an endorsed arrest warrant allow?
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What is the definition of Field Appearance Tickets (F.A.T.)?
What is the definition of Field Appearance Tickets (F.A.T.)?
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What is required when making an arrest?
What is required when making an arrest?
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What should an officer do during off-duty & plain clothes encounters?
What should an officer do during off-duty & plain clothes encounters?
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What are Building Search Tactics?
What are Building Search Tactics?
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What is Pistol Licensing?
What is Pistol Licensing?
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What is Ancillary Law?
What is Ancillary Law?
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What is Stalking 4th?
What is Stalking 4th?
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What are Accusatory Instruments?
What are Accusatory Instruments?
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Study Notes
Larceny
- Defined as the unauthorized taking of property belonging to another.
- Includes various methods: trespassory taking, trick, embezzlement, false pretenses, acquiring lost property, issuing bad checks, false promises, and extortion.
Types of Larceny
- Petit Larceny: Stealing property valued at $1,000 or less; classified as a Class A Misdemeanor.
- Grand Larceny 4th: Involves property theft of specified items (e.g., religious articles over $100, credit cards) or amounts exceeding $1,000; classified as a Class E Felony.
- Grand Larceny 3rd: Stealing property valued over $3,000 or ATM contents; classified as a Class D Felony.
- Grand Larceny 2nd: Involves property theft over $50,000 or extortion via specific methods; classified as a Class C Felony.
- Grand Larceny 1st: Stealing property valued over $1,000,000; classified as a Class B Felony.
Criminal Possession of Stolen Property
- 5th Degree: Knowingly possessing stolen property to benefit oneself or impede recovery; Class A Misdemeanor.
- 4th Degree: Possessing significant items (e.g., cars over $100) or amounts exceeding $1,000; Class E Felony.
- 3rd Degree: Possessing stolen property valued over $3,000; Class D Felony.
- 2nd Degree: Possessing stolen property valued over $50,000; Class C Felony.
- 1st Degree: Possessing stolen property valued over $1,000,000; Class B Felony.
Misapplication of Property
- Involves possessing property with an agreement to return it and lending out property of another; classified as a Class A Misdemeanor.
Unauthorized Use of a Motor Vehicle
- 3rd Degree: Taking a vehicle without consent or using a car for personal use; Class A Misdemeanor.
- 2nd Degree: 3rd Degree offense with a prior conviction in 10 years; classified as a Class E Felony.
- 1st Degree: 3rd Degree offense during the commission of another felony or in immediate flight; classified as a Class D Felony.
Theft of Service
- Encompasses various forms of service theft including using revoked credit cards and tampering with service meters.
Auto Stripping
- 3rd Degree: Intentionally removing parts from a vehicle; classified as a Class A Misdemeanor.
- 2nd Degree: 3rd Degree offense with a prior conviction or damage of two or more vehicles exceeding $1,000; classified as a Class E Felony.
- 1st Degree: 3rd Degree offense involving three or more vehicles with damage over $3,000; classified as a Class D Felony.
Unlawful Use of Credit/Debit Cards
- Obtaining property or services using revoked cards; classified as a Class A Misdemeanor.
Arson
- 5th Degree: Intentionally damaging property by fire or explosion; Class A Misdemeanor.
- 4th Degree: Recklessly damaging a building or vehicle; Class E Felony.
- 3rd Degree: Intentionally damaging without consent; Class C Felony.
- 2nd Degree: Damaging property with non-participants inside; Class B Felony.
- 1st Degree: Engaging in arson with intent to gain or harm; Class A Felony.
Definitions of Law
- Substantive Law: Defines crimes and punishments.
- Procedure Law: Outlines methods for enforcing laws.
Weapons and Definitions
- 10 Deadly Weapons: Includes loaded firearms and various knives; any capable of causing serious injury or death.
- Deadly Physical Force: Physical force capable of causing death or serious injury.
- Felony vs. Misdemeanor: Felonies carry sentences over a year, while misdemeanors allow shorter sentences.
Criminal Justice System
- Components include Law Enforcement, Judicial, and Corrections.
Robbery
- Defined as forcibly stealing property; involves force or threat to compel surrender.
- 3rd Degree: Theft by force; Class D Felony.
- 2nd Degree: Forcibly stealing property including vehicles or injury to non-participants; Class C Felony.
- 1st Degree: The most severe cases involving weapons or serious injury threats; Class B Felony.
Arrest and Powers
- Elements of Arrest: Intent, Authority, Custody, Recognition.
- Warrantless Arrest Powers: Vary for police officers, peace officers, and civilians.
Burglary
- 3rd Degree: Unlawfully entering a building intending to commit a crime; Class D Felony.
- 2nd Degree: Unlawfully entering with aggravating factors or in dwellings; Class C Felony.
- 1st Degree: Unlawfully entering dwellings with aggravating factors; Class B Felony.
Criminal Trespass
- 3rd Degree: Unlawfully entering a building or real property; Class B Misdemeanor.
- 2nd Degree: Entering unlawfully in dwellings or schools; Class A Misdemeanor.
- 1st Degree: Unlawfully entering a building with a deadly weapon; Class D Felony.
Criminal Mischief
- 4th Degree: Intentionally damaging property; classified based on damage amounts.
- 3rd Degree: Intending and unlawfully damaging vehicles; Class E Felony.
- 2nd Degree: Intentionally causing damage exceeding $1,500; Class D Felony.
- 1st Degree: Damaging property with explosives; Class B Felony.
Criminal Tampering
- 3rd Degree: Tampering with property causing inconvenience; Class B Misdemeanor.
- 2nd Degree: Tampering with utilities without lawful intent; Class A Misdemeanor.
- 1st Degree: Damaging public utility property causing significant service interruption; Class D Felony.
Cemetery Desecration
- 2nd Degree: Damaging cemetery properties; Class A Misdemeanor.
- 1st Degree: Exceeding $250 in damages or repeat offenders; Class E Felony.
Additional Offenses
- Aggravated Cemetery Desecration: Unlawful removal of remains; varying degrees from Class E Felony to Class D Felony based on repeat offenses.
- Tampering with Consumer Products: Altering products to cause harm; classified based on risk.
- Making Graffiti: Intentionally damaging property with markings; prohibited.
These notes cover various criminal laws involving theft, misuse of property, categories of felonies and misdemeanors, and the processes involved in the criminal justice system.### Misdemeanors and Assault Charges
- Possession of Graffiti Instruments: Class B misdemeanor for possessing tools intended to damage property without permission.
- Assault 3rd Degree: Class A misdemeanor; involves intent or reckless actions that cause physical injury to another person.
- Assault 2nd Degree: Class D felony; includes significant physical injury or use of a deadly weapon, along with actions against public service workers on school grounds or older individuals.
- Assault 1st Degree: Class B felony; involves intent to cause significant physical injury or death, especially with deadly weapons, including actions during a felony.
Standards of Proof
- Level 1: Public service and law enforcement functions, cannot ask for search consent.
- Level 2: Established foundation for inquiry, can ask for consent but cannot search without it.
- Level 3: Reasonable suspicion allows for a forcible stop and potential frisk.
- Level 4: Reasonable cause leads to probable cause for arrest, protected under the US Constitution.
Search Warrant Exceptions
- Situations allowing warrants to be bypassed include: incident to arrest, inventory, consent, hot pursuit, exigent circumstances, automobile exception, and plain view.
Factors Affecting Consent
- Coercion or threats to obtain warrants, location, age, IQ, and emotional state can impact a person's consent to search.
Hot Pursuit Definition
- Involves immediacy and reasonable cause for arrest, must pertain to violent felonies only.
Plain View Doctrine
- Officers must be in a lawful position to observe items, which need to be immediately incriminating. Rights under the Fourth Amendment are void in public views, abandoned properties, and other observable situations.
Curtilage Protection
- Area immediately surrounding a home protected by the Fourth Amendment from unreasonable searches and seizures.
Search Warrant Applicability
- Search warrants issued by various courts can be executed anywhere in NYS, with specific restrictions based on the court of issuance.
Execution of Search Warrants
- Must be executed within 10 days; specific endorsements allow no-knock entries and nighttime executions.
Field Appearance Tickets (FAT)
- Issued instead of arrests, excluded for sex offenses; can be utilized in Nassau and Suffolk counties.
Arrest Procedure and Protocol
- Prisoner activity logs required, pain complaints necessitate hospital visits, and property receipts issued regardless of prisoner belongings.
Off-Duty and Plain Clothes Conduct
- Officers should identify themselves, take cover, and are not compelled to engage unless necessary.
Building Search Tactics
- Collaboration with previous tours recommended, maintaining cover and concealment is crucial, and searching should never be done alone.
Pistol Licensing Endorsements
- Various types exist: sportsman, business, security, employment, auxiliary, retired law enforcement, with rare open carry licenses issued due to personal safety concerns.
Ancillary Law Overview
- Covers laws outside the Vehicle and Traffic Law and Criminal Procedure Law, addressing mental health, child abuse reporting, and other community safety regulations.
Stalking 4th Degree
- Class B misdemeanor involves knowingly causing fear of harm through persistent conduct.
Accusatory Instruments Explained
- Different instruments include Information (formal charges), Misdemeanor Complaint (charged but weak basis), and Felony Complaint (requires indictment for prosecution).
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