CPL Article 30

Question 1

CPL 30.10 T/F? The statue of limitations for a petty offense is 2 years.

Answer 1

False. (CPL 30.10) 1 year

Question 2

In calculating S/L time periods, the following periods shall NOT be included: 1. period after offense during which defendant was outside NYS, or 2. _____________________.

Answer 2

Whereabouts of defendant are unknown. (CPL 30.10)

Question 3

Fill-in the following table:
OFFENSES: People must be ready for trial within this period after filing of accusatory instrument.
Felony: ________
Misdemeanor over 3 months: _______
Misdemeanor up to 3 months: ______
Petty offense: __________

Answer 3

Felony: 6 months
Misdemeanor over 3 months: 90 Days
Misdemeanor up to 3 months: 60 Days
Petty offense: 30 Days (CPL 30:30)

Question 4

In felony case, motion to dismiss must be granted if people are not ready for trial after 6 months of
(A) arrest
(B) imprisonment
(C) filing of accusatory instrument

Answer 4

(C) filing of accusatory instrument (CPL 30.30)

Question 5

T/F? Speedy trial time requirements apply in all cases.

Answer 5

False (CPL 30.30)

Question 6

Statues of limitations for CLASS A felony is ________.

Answer 6

at any time (CPL 30.10)

Question 7

Statute of limitations for B, C, D or E felony is _________.

Answer 7

5 years (CPL 30.10)

Question 8

T/F?
S/L tolls in a criminal case if defendant is outside the state or his whereabouts are unknown.

Answer 8

True (CPL 30.10)

Question 9

Speedy trial time limitations DO NOT apply to murder in the 1 or 2 degree, aggravated murder, manslaughter in the 1 or 2 degree, and ______.

Answer 9

Criminally negligent homicide (CPL 30.30)

Question 10

Select the correct answer. According to New York CPL, a criminal action:
A. is treated equally with civil cases in terms of court calendar preference
B. has preference over other criminal actions, if the defendant is in sheriff’s custody
C. does not take preference over other criminal actions, except in murder cases
D. is tried in chronological order with other criminal actions, according to the date of the alleged crime

Answer 10

B. has preference over other criminal actions, if the defendant is in sheriff’s custody.
(CPL 30.20)

Question 11

In a felony case, motion to dismiss must be granted if people are not ready for trial after 6 months of:
A. arrest
B. imprisonment
C. filling of accusatory instrument
D. none of the above

Answer 11

C. filing of the accusatory instrument (CPL 30.20)

Question 12

Which is not correct?
A. local criminal courts have trial jurisdiction over all offenses
B. local criminal courts have trial jurisdiction over petty offenses
C. Local criminal courts have trial jurisdiction over misdemeanors
D. Superior courts have jurisdiction over petty offenses (by indictment)

Answer 12

A. local criminal courts have trial jurisdiction over all offenses (CPL 30.20)