NY POST cheat sheet

PL Article 10 defines offenses by class: A felony up to life; B felony up to 25 years; C felony up to 15 years; D felony up to 7 years; E felony up to 4 years; A misdemeanor up to 1 year; B misdemeanor up to 90 days; violation up to 15 days.

PL 10.00(6): a felony is an offense for which a sentence to a term of imprisonment in excess of one year may be imposed; PL 10.00(4): a violation is not a crime.

PL 155.05 larceny requires trespassory taking, obtaining, or withholding of property with intent to deprive; value tiers drive degree (PL 155.30/155.35/155.40/155.42).

PL 140.25 burglary 2nd: knowingly enters or remains unlawfully in a building with intent to commit a crime therein and the building is a dwelling, or a non-participant is injured, or a weapon is displayed.

CPL 140.25 permits warrantless arrest for any offense when the officer has reasonable cause, including a crime committed in the officer's presence and certain family offense circumstances.

CPL 140.20: after a warrantless arrest, arraignment must occur without unnecessary delay; CPL 180.80 sets the 72-hour (or next court session) release clock for felonies absent a grand jury action.

CPL 710.20 lists grounds to suppress evidence, including unlawful search and seizure, involuntary statements, and identification procedures; suppression motions must be made before trial per CPL 710.40.

CPL 160.50 requires sealing of records upon favorable termination; CPL 160.55 governs sealing after conviction of a violation or traffic infraction.

PL 35.30(1): a police officer may use physical force when he or she reasonably believes it necessary to effect an arrest, prevent escape, or defend self or another from physical injury.

Deadly physical force is justified under PL 35.30(1)(c) only when the officer reasonably believes the subject poses an imminent threat of serious physical injury or death to the officer or another.

Graham v. Connor (1989) standard: objective reasonableness judged from the perspective of a reasonable officer on scene, without hindsight; factors include severity of crime, immediate threat, and active resistance or flight.

Tennessee v. Garner (1985): deadly force to prevent escape of a fleeing suspect is unreasonable unless the officer has probable cause the suspect poses a significant threat of death or serious physical injury.

NYPD Patrol Guide 221-01 requires verbal warnings before force when feasible, continuous reassessment, and rendering aid once the subject is under control.

Duty to intervene: officers must stop and report excessive force by another officer; failure to intervene can create §1983 liability under the bystander theory.

Force reporting: any use of force requires documentation, supervisory review, and medical aid evaluation; OC spray requires decontamination and monitoring.

Proportionality: force must be objectively reasonable at each moment; the level may escalate or de-escalate as the threat changes, and force must cease when resistance ends.

Fourth Amendment: searches and seizures require probable cause and, absent an exception, a warrant supported by oath or affirmation particularly describing place and items.

Terry v. Ohio (1968): reasonable suspicion of criminal activity justifies a brief investigative stop; a frisk requires reasonable suspicion the person is armed and dangerous.

Exceptions to the warrant requirement: consent, search incident to lawful arrest, exigent circumstances, plain view, automobile exception, inventory, and Terry frisk.

Fifth Amendment: custodial interrogation requires Miranda warnings; invocation must be unambiguous, and questioning must cease until counsel is present if counsel is requested.

Sixth Amendment right to counsel attaches at formal charging (initiation of adversary judicial proceedings), not at arrest.

First Amendment protects speech, assembly, and press; time, place, and manner restrictions must be content-neutral, narrowly tailored, and leave open alternative channels.

Fourteenth Amendment due process prohibits suggestive identification procedures that create a substantial likelihood of irreparable misidentification (Manson v. Brathwaite).

Exclusionary rule: evidence obtained in violation of the Fourth Amendment is generally inadmissible; fruit of the poisonous tree extends to derivative evidence absent attenuation, independent source, or inevitable discovery.

42 U.S.C. §1983 creates liability for deprivation of federally protected rights under color of law; plaintiffs must show a person acting under color of state law and a constitutional or statutory violation.

Monell v. Department of Social Services (1978): a municipality is liable only for an official policy, custom, or practice that caused the violation, not respondeat superior.

Qualified immunity shields officers from civil damages unless the right was clearly established at the time of the conduct and a reasonable officer would have known the conduct violated it.

Excessive force claims are analyzed under the Fourth Amendment objective reasonableness standard; deliberate indifference claims for medical needs arise under the Fourteenth Amendment for pretrial detainees.

NY Civil Rights Law §79-b protects officers from civil liability for acts within the scope of employment unless the act was outside scope or in violation of rules.

NY General Municipal Law §50-e requires a notice of claim within 90 days of the incident as a condition precedent to a tort action against a municipality.

False arrest requires showing intentional confinement without consent and without probable cause; malicious prosecution requires favorable termination and malice.

Brady v. Maryland (1963): prosecution must disclose material exculpatory evidence; Giglio extends this to impeachment material about government witnesses.

VTL 1192(1): driving while ability impaired (DWAI) is a violation; 1192(2) and (3) are misdemeanors for per se BAC of .08 or more (common law and per se).

VTL 1194: chemical test refusal triggers license revocation and an administrative hearing; refusal is admissible at trial as evidence of consciousness of guilt.

VTL 1193: first DWI conviction within 10 years is a misdemeanor with fines, surcharge, and conditional discharge or probation; felony for repeat within 10 years.

VTL 1180 sets speed limits: 55 mph on most roads, 65 mph on designated highways, and reasonable and prudent speed based on conditions.

VTL 1102 requires obedience to police orders directing traffic; VTL 1104 authorizes officers to direct traffic and close roads.

VTL 375 governs equipment: lights, brakes, horn, mirrors; VTL 381 sets window tint limits (70% light transmission front side windows).

Traffic stops are seizures under the Fourth Amendment; Whren v. United States (1996) holds pretextual stops are permissible if probable cause of a traffic violation exists.

VTL 511: aggravated unlicensed operation (AUO) is charged in three degrees based on suspension status and prior convictions; AUO 1st is a felony.

Chain of custody: document every transfer of evidence with date, time, handler, and purpose; breaks in the chain affect admissibility and weight.

Crime scene: secure, document, photograph, and sketch before collection; follow a systematic search pattern (grid, spiral, line, zone).

Biological evidence: air-dry, package in paper, avoid heat and moisture; DNA can be degraded by plastic packaging and sunlight.

Digital evidence: use write-blockers, hash values (MD5/SHA-256), and forensic images; document the tool and version used.

Eyewitness identification: use sequential double-blind lineups per the NY Office of Court Administration best practices; avoid suggestive procedures.

Interview vs. interrogation: interviews are non-custodial information gathering; interrogations require Miranda if custodial and involve accusatory questioning.

Photograph and document before moving items; use scale markers; maintain scene logs and evidence property receipts.

NY statewide evidence tracking: property must be entered into the department's property system and tracked through adjudication and disposition.

Radio discipline: identify unit, use clear text, and prioritize emergency traffic; use plain language instead of codes when interoperability matters.

High-risk vehicle stop: position patrol vehicle offset, use cover, issue commands from cover, and request backup before approach.

Building search: clear rooms methodically with a partner, cover angles, and announce presence; use a threshold evaluation before entry.

Domestic violence: NY Family Protection Act and mandatory arrest laws require arrest for felony-level domestic violence and certain misdemeanors; document injuries and provide victim rights notice.

Active shooter: NYPD and national doctrine prioritize locating and neutralizing the threat; first officers form contact teams and bypass injured until the threat is stopped.

Officer wellness: tourniquets and chest seals are standard; apply self-aid and request EMS early; document exposures and injuries.

Perimeter and containment: establish inner and outer perimeters; use K-9 and aviation as resources; maintain scene command and unified command.

Pursuit policy: weigh risk to public against need for apprehension; terminate when risk outweighs benefit; supervisors must monitor and can terminate.

Crisis Intervention Team (CIT) model: 40-hour training on mental illness, substance use, and de-escalation; officers serve as liaisons to mental health providers.

De-escalation techniques: time, distance, cover, calm verbal engagement, active listening, and reducing stimuli; use when feasible without increasing risk.

Mental Hygiene Law §9.41: a police officer may take a person into custody for emergency evaluation when there is reasonable cause to believe the person has a mental illness and poses a danger to self or others.

NY requires officers to receive training on autism and developmental disabilities; recognize communication differences and avoid escalating commands.

Procedural justice: voice, neutrality, respect, and trustworthiness; these factors increase perceived legitimacy and cooperation.

Language access: NY agencies must provide interpretation services; Title VI requires meaningful access for limited English proficiency individuals.

Crowd management: use of force must be proportional; mass arrests require individualized probable cause and documentation.

Community policing: problem-solving partnerships (SARA model: scanning, analysis, response, assessment) and beat-level engagement.

Report structure: who, what, when, where, why, how; include observations, actions, statements, and evidence; use chronological order and objective language.

Document facts, not conclusions: record what was seen, heard, and done; avoid labels like 'suspicious' without supporting detail.

Include Miranda timing: when warnings were given, whether waived, and exact statements in quotes when possible.

Photograph and evidence references must match the report; list property receipts and chain-of-custody entries.

Supplemental reports are required for follow-up, additional witnesses, and new evidence; never alter a submitted report without a documented addendum.

Testimony: review reports and evidence before court; answer only the question asked; do not guess; state 'I don't know' when uncertain.

Brady/Giglio obligations: disclose exculpatory and impeachment information to the prosecutor; maintain accurate personnel records.

Report writing should be timely; NY requires documentation before end of tour absent supervisor approval for delay.

NYPD Patrol Guide and department rules prohibit bias-based policing; enforcement decisions must be based on behavior and reasonable suspicion, not race, ethnicity, religion, or gender.

Stop, question, and frisk data must be documented on the required form; NYPD must report demographic data under the Floyd consent decree.

Noble cause corruption: falsifying evidence or testimony to obtain a conviction is misconduct and a crime (PL 210.15 perjury, PL 175.30 official misconduct).

Gifts and gratuities: officers may not accept anything of value that could influence official action; department rules restrict gifts.

Use of social media: do not post case information, images of victims, or opinions that compromise impartiality or department image.

Whistleblower protections: NY Civil Service Law §75-b protects public employees from retaliation for reporting improper governmental action.

Duty to report misconduct: officers must report violations of law or department rules by other officers to a supervisor or internal affairs.

Implicit bias: training focuses on recognizing automatic associations and using structured decision-making to reduce disparate outcomes.