Article 30 Timeliness of Prosecution, Periods of Limitations Flashcards
CPL 30.10
Select the correct statement:
(a) A prosecution for a class A felony may be commenced at any time, while a prosecution for another felony must be commenced within seven years after its commission
(b) A prosecution for a misdemeanor or petty offense must be commenced within two years after its commission
(c) The period during which a defendant is continuously outside New York State shall not be counted in calculating the time limitation during which a criminal action must be commenced
(d) The time period following the commission of the offense during which the whereabouts of the defendant are not ascertainable by the exercise of due diligence would be included in calculating the time limitations within which a criminal action must be commenced
(e) A prosecution for any offense involving misconduct in public office by a public servant may be commenced at any time during or after termination of the defendant’s service in such office.
(c)
Choice (c) is correct (CPL 30.10).
Choice (a) is incorrect because although class A felony prosecutions and prosecutions for rape 1st degree and other certain specified sex crimes may be commenced at any time, a prosecution for most other felonies must be commenced within five years after commission, with certain exceptions set forth in CPL 30.10 sub. 3 (e) and (f).
Choice (b) is incorrect because although a misdemeanor prosecution must be commenced within two years after commission, the limiting period for a petty offense (violation or traffic infraction) is one year after its commission.
Choice (d) is incorrect because the time period referred to is not included (under subdivision 4) in the time limitation otherwise available.
Choice (e) is incorrect because although the prosecution may be commenced at any time during the defendant’s service in public office the prosecution is limited to five years after termination of such service subject to the further limitation set forth in subdivision 3(b).
CPL 30.10
Select the correct answer.
The limiting period within which a prosecution for murder (class A felony) must be commenced is:
(a) two years
(b) five years
(c) five years, if the defendant does not leave the jurisdiction
(d) none of the foregoing.
Answer: (d)
Choice (d) is correct (CPL 30.10). There is no limiting period to commence prosecution for a class A felony and for specified sex crimes.
CPL 30.10
Select the correct answer.
Except as otherwise provided, prosecution for a misdemeanor charge must generally be commenced, after its commission, within:
(a) two years
(b) three years
(c) four years
(d) five years.
Answer: (a)
Choice (a) is correct (CPL 30.10). For a misdemeanor prosecution the limiting period generally is two years, subject to the exceptions set forth in CPL 30.10 sub. 3.
CPL 30.10
Select the correct statement:
(a) In all cases, a fixed time period is specified for the commencement of a criminal action
(b) In all cases, the limiting period for commencement of a criminal action begins to run when the crime is committed
(c) In some cases, the limiting period for commencement of a criminal action may be extended by reason of the date of discovery of the facts constituting the offense
(d) In all sex offenses under Article 130 of the Penal Law the limiting period for commencement of a criminal action is extended for five years after the commission of the most recent act of sexual conduct.
Answer: (c)
Choice (c) is correct, (CPL 30.10 sub. 3(a)).
CPL 30.10 & 1.20-17
With regard to the statutory limitation of time within which criminal actions must be commenced, certain factors must be considered. These may include some or all of the following:
1. Date of commission of the crime
2. Date of arrest
3. Date of filing an accusatory instrument
4. Date of assignment of case to a trial part
5. Date of sentence on conviction
Based on the above, select the correct answer:
(a) Only 1 and 3 are applicable
(b) Only 1, 3 and 4 are applicable
(c) 1, 2, 3, 4 and 5 are all applicable
(d) Only 1, 2, 3 and 4 are applicable.
Answer: (a)
Choice (a) is correct (CPL 30.10, 1.20-17). The only dates to be considered in this question are the date of commission of the crime (as a starting point) and the date an accusatory instrument is filed to commence the criminal action. The filing of the accusatory instrument (CPL 1.20-1) marks the end of the limiting period.
CPL 30.10-3
Select the correct answer.
Prosecution for a crime must generally be commenced:
(a) within two years after commission, for all misdemeanors
(b) within one year after commission, for all misdemeanors
(c) within five years after commission, for some felonies
(d) within five years after commission, for all felonies.
Answer: (c)
Choice (c) is correct, (CPL 30.10 sub. 2).
CPL 30.10 Sub.3(a)
A is B’s guardian who, as a fiduciary, has been managing B’s finances for ten years. B, now sixteen, has discovered that A has been stealing his money, feloniously and in violation of A’s fiduciary duty.
In this situation, select the correct statement:
(a) A cannot be successfully prosecuted, because more than five years have elapsed since the thefts began
(b) A can be successfully prosecuted only for those thefts which occurred during the past five years
(c) A cannot be successfully prosecuted, because the facts constituting the offense should have been discovered sooner by the exercise of reasonable diligence
(d) A can be successfully prosecuted, because the statute in this situation provides a one-year period after the facts are discovered or should have been discovered through reasonable diligence.
Answer: (d)
Choice (d) is correct, (CPL 30.10 Sub.3(a)). The statute provides that prosecution here may be commenced within one year after the facts are discovered or with reasonable diligence should have been discovered. As a sixteen-year-old, A is acting with reasonable diligence.
CPL 30.10 Sub.3(b)
Bagman is the appointed building inspector employed by an upstate New York town. He has held this position, by successive reappointments, for ten years, and he continues in office. A town resident charges that Bagman’s conduct, in the second year of his office, constitutes Official Misconduct (Penal Law 195.00) a class A misdemeanor. As to this situation, select the correct answer:
(a) Bagman’s conduct, if proven, would be a class A misdemeanor, which requires that prosecution be commenced within two years after commission of the crime
(b) Bagman is not a public servant, since he holds only a local and appointed position, with a limited term
(c) Bagman’s conduct is not time-barred for commencement of a criminal action, because he continues in office
(d) Bagman’s conduct, occurring eight years ago, is time-barred for commencement of a criminal action.
Answer: (d)
Choice (d) is correct, (CPL 30.10 Sub.3(b)). Under sub. 2, the limiting period is two years. Sub. 3(b) further provides “ …that in no event shall the period of limitation be extended by more than five years beyond the period otherwise applicable…”
CPL 30.20
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: (b)
Choice (b) is correct (CPL 30.20).
CPL 30.20-2
Select the correct answer.
Zillions, a rich man, was arraigned and released on bail. Beggar, a poor man, committed a crime, was arraigned and committed to the sheriffs custody while awaiting trial.
(a) Beggar must be brought to trial before Zillions, if practicable
(b) It is solely within the court’s discretion to decide who is to be brought to trial first
(c) The relative importance of the crimes charged determines who is to be brought to trial first
(d) Zillions will be tried first because of his importance and wealth
(e) Trial dates are determined by the court without regard to the offense charged or whether a defendant is in custody.
Answer: (a)
Choice (a) is correct (CPL 30.20-2). Since Beggar is in custody, his trial should be given preference.
CPL 30.30
Select the correct answer.
A defendant’s right to speedy trial is:
(a) solely governed by rules promulgated by the New York Judicial Conference
(b) absolute, in that the time period for action is the same for all charges
(c) absolute, in that although the time period for action varies with the degree of offense, the charge must be dismissed upon the expiration of that period even if no motion is made by the defense
(d) relative, in that the prosecutor need only be “ready for trial” within a specified period of time, varying according to the nature of the offense.
Answer: (d)
Choice (d) is correct (CPL 30.30).
CPL 30.30-l(a)
Select the correct answer.
Generally for a felony other than certain homicides, the indictment is subject to being dismissed if the People are not ready for trial within:
(a) six months
(b) one year
(c) two years
(d) five years.
Answer: (a)
Choice (a) is correct (CPL 30.30-l(a)). This six-month speedy trial period applies to felonies but, in accordance with CPL 30.30-3, does not apply to certain homicides
CPL 30.30
Select the correct answer.
Leonard, never arrested previously, assaulted Patricia feloniously. The prosecutor failed to prosecute or be ready for trial within six months after the criminal action was commenced, due to neglect in the prosecutor’s office. As to a defense motion to dismiss for failure to prosecute:
(a) Leonard will be tried as soon as the prosecution is ready, and any time spent in the sheriffs custody will be credited toward his sentence
(b) Leonard’s case must be dismissed if the defense makes a motion for dismissal
(c) The court in its sole discretion will determine whether the case will be dismissed
(d) Leonard’s case will automatically be dismissed, even without motion by the defense, because of the passage of time.
Answer: (b)
Choice (b) is correct (CPL 30.30). This section provides that a motion to dismiss “must be granted.” The section provides that when a speedy trial has been denied according to the time periods of CPL 30.30, the court must grant a motion to dismiss.
CPL 30.30-1(b)
Select the correct answer.
Bud was arrested and a criminal action was commenced against him for driving while intoxicated, a misdemeanor punishable by more than three months in jail. To meet speedy trial requirements the prosecution must be ready for trial within:
(a) three months
(b) six months
(c) sixty days
(d) ninety days.
Answer: (d)
90 Days
CPL 30.30-2
Select the correct statement concerning the following:
Larry has been committed to the sheriffs custody, awaiting trial, for more than ninety days since his commitment. Larry has never been arrested before but now finds himself accused of burglary, a felony under the Penal Law. The prosecution is not ready for trial because the prosecutor lost Larry’s file.
(a) No matter what the felony is, Larry must be released on bail or on his own recognizance
(b) Since the time spent in the sheriffs custody before and after the ninety day period will be applied toward Larry’s sentence, there is no problem legally about his detention
(c) Larry may be released on bail or his own recognizance within the court’s sole discretion, without any applicable statutory guidelines
(d) Larry must be released on bail or his own recognizance, on such conditions as the court feels are just and reasonable.
Answer: (d)
Choice (d) is correct (CPL 30.30-2).
