Article 210 Flashcards Preview

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Flashcards in Article 210 Deck (14)
1

The two methods of prosecuting an offense in a superior court are by 1( indictment (filed by a grand jury) and 2) ___________.

superior court information (filed by DA)

CPL 210.05

2

At arraignment upon an indictment, unless court makes a final disposition at arraignment, court must issue a ___________ which releases defendant on his own recognizance

securing order


CPL 210.15

3

How many days notice of time and place of agreement upon an indictment must be given to a defendant at liberty?

Two

CPL 210.10

4

A motion to inspect the grand jury minutes is a motion by the ______.

defendant

CPL 210.30

5

And indictment is defective if fewer than ___ jurors concurred in the finding

12

CPL 210.35

6

Indictment is defective if proceeding was conducted by fewer than ___ grand jury members

16

CPL 210.35

7

The court must direct that counts against a person under 16 who is not criminally responsible due to infancy be removed to FC, pursuant to CPL ___

725

CPL 210.20

8

Where action was commenced in LCC, court must give at least __ days notice of time and place arraignment on indictment to attorney for defendant, defendant at liberty, any surety, or are other who posted cash bail
A. 2
B. 3
C. 4
D. 7

A. 2


CPL 210.10

9

Upon dismissing an indictment as defective, not legally sufficient, or because the grand jury was not legally sufficient, or dismissal of indictment in the interests of justice, the court may upon the application of the people authorize the people to submit the charge(s) to
A. the same grand jury
B. a different grand jury
C. to the same or different grand jury
D. th Court of Appeals

C. to the same or different grand jury



CPL 210.20

10

Choose the best answer. The court must direct that counts against a persons under __ who is not criminally responsible be removed to FC.
A. 13
B. 14
C. 16
D. 18

C. 16


CPL 210.20

11

A motion to inspect the grand jury minutes is a motion by the __________ requesting an examination by the court and defendant of the stenographic minutes of the grand jury proceeding to determine whether the evidence before the grand jury was legally sufficient to support the charge(s) contained in the indictment
A. court
B. people
C. complainant
D. defendant

D. defendant


CPL 210.30

12

Which of the following choices is the best answer? Motion to dismiss or reduce an indictment in certain cases be denied or granted without hearing. If hearing is held, defendant has burden of proving facts of the motion by preponderance of the evidence. Court must grant motion without hearing if
A. motion alleges that grand jury proceeding did not substantially conform to requirements in CPL 200
B. ground is supported by sworn allegations of all essential facts to support the motion
C. grounds are conceded by the people or supported by unquestionable documentary proof
D. All are correct

D. All are correct


CPL 210.45

13

Which of the following choices is the best answer? Motion to dismiss or reduce an indictment may in certain cases be denied or granted without a hearing. If hearing is held, defendant has burden of proving facts of the motion by preponderance of the evidence. Court must deny motion without a hearing if
A. motion papers do not allege ground sufficient for motion under CPL 210.20
B. moving papers do not contain sworn allegations of essential facts
C. all allegations are refuted by unquestionable documentary proof
D. All are correct

D. All are correct

CPL 210.45

14

The determination at a hearing to dismiss an indictment must be based on
A. reasonable cause to believe
B. preponderance of the evidence
C. proof beyond a reasonable doubt
D. none of the above

B. preponderance of the evidence

CPL 210.45