Question
1.Defendant (D) is driving from Pennsylvania to New York to visit family for the holidays. D is carrying a loaded 9mm handgun in his jacket
1.Defendant (D) is driving from Pennsylvania to New York to visit family for the holidays. D is carrying a loaded 9mm handgun in his jacket pocket. The handgun is legally licensed and registered in Pennsylvania and D is allowed to carry the loaded gun in Pennsylvania. After D crosses the state line between Pennsylvania and New York and travels into New York State, D is legally pulled over for speeding. As the New York State Trooper asks for D's driver's license and vehicle registration, the police officer sees the handgun sticking out of D's jacket pocket and places D under arrest for the illegal possession of the firearm. D was charged with this crime because New York does not allow the carrying of loaded firearms in New York State unless it is licensed and registered in New York State. D claims that he was mistaken to the New York law and he believed he could carry the loaded gun into New York because it was legal to do so in Pennsylvania. Will D's defense of being mistaken of the New York law be successful? Explain your answer
2.D stabs V in the stomach. V is taken to the hospital and undergoes surgery to repair the wound. During the operation, the surgeon discovers V has a hernia and decides to repair the hernia while doing this operation for the stab wound. The condition of the hernia has nothing to do with the stab wound and V's life is not in danger if the hernia is never repaired. However, during the course of repairing the hernia, V suffers a heart attack and dies.D is thereafter charged with murder because V died. What argument should D's attorney make to best defend his client? Explain your answer
3.D steals a necklace from a jewelry store which is known for selling cheap and inexpensive jewelry. However, unknown to D, he has stolen a necklace on loan from Tiffany's worth over $100,000.00. D is arrested and charged with Grand Larceny and is facing 15 years in prison because of the value of the necklace. D asserts the defense that he was mistaken as to the true value of the necklace and should not face such a harsh punishment because he honestly believed the necklace was one of the cheap types the store regularly sells and worth a lot less.Will D's defense of being mistaken of the fact of the value of the necklace be successful? Explain
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