CPL Article 170

Question 1

T/F?
Generally, if a 16 or 17 year old is charged with PL 230.00 (prostitution) or PL 240.37 (loitering for prostitution), the LCC may not dismiss charge in the interests of justice. This does not apply where charge is loitering for the purpose of patronizing a prostitute.

Answer 1

False. (CPL 170.30)
MAY dismiss

Question 2

If youth is not in compliance during the pendency or disposition of the PINS proceeding, court may, upon application of the people, restore the accusatory instrument. (Notice of such application must be served on person and his or her counsel by ______.)

Answer 2

The court. (CPL 170.80)

Question 3

T/F?
A defendant must appear personally at arraignment.

Answer 3

False. (CPL 170.10)
Exceptions: 1. Corporate defendant, and 2. Summons or appearance ticket, court may permit defendant to appear by counsel.

Question 4

T/F?
Defendant must always be provided free counsel if unable to pay for counsel.

Answer 4

False. (CPL 170.10)
Court does not have to provide free counsel in certain traffic offense charges.

Question 5

T/F?
A misdemeanor complaint may be used as the basis for prosecution in all cases.

Answer 5

False. (CPL 170.10)
Misdemeanor complaint must be replaced by information (unless the defendant consents.)

Question 6

T/F? A securing order cannot release the defendant on his own recognizance.

Answer 6

False. (CPL 170.10)
A securing order can do so. It can also fix bail (or commit the defendant to the custody of the sheriff.)

Question 7

A defendant in custody awaiting grand jury action must be released on his own recognizance if grand jury has not acted within ____ days.

Answer 7

45 (CPL 170.25)

Question 8

Generally, criminal pre-trial motions must be made within ____ days after arraignment and before commencement of trial.

Answer 8

45 (CPL 170.30)

Question 9

T/F?
An ACD is in all cases for a maximum period of 6 months.

Answer 9

False. (CPL 170.55)
In a family offense case the maximum period of an ACD is 1 year.

Question 10

T/F?
An ACD is an admission of guilt.

Answer 10

False (CPL 170.55)

Question 11

Generally, If a misdemeanor complaint is pending and defendant is in custody, defendant must be released on his own recognizance after _____ days of confinement.

Answer 11

5 days (not including Sunday). (CPL 170.70)