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Flashcards in Article 300 Deck (11)
1

________ counts are two or more counts upon which consecutive sentences may be imposed

Consecutive

CPL 300.30

2

T/F? At the conclusion of the summations, the court may deliver a charge to the jury

False

CPL 300.10

3

Types of counts where guilty of the offense charged in one necessarily negates guilt of the offense charged in the other are known as ______ counts

inconsistent

CPL 300.30

4

Concurrent counts are two or more counts upon which concurrent ____ may be imposed

sentences

CPL 300.30

5

Every count not submitted to the jury is deemed _______.

to have been dismissed but the court

CPL 300.40

6

Verdict of guilty to a lesser included offense is deemed _________ of every greater offense submitted

an acquittal

CPL 300.50

7

Which of the following statements is not correct?
A. Consecutive counts are two or more counts upon which consecutive sentences may be imposed
B. Concurrent counts are two or more counts upon which concurrent sentences may be imposed
C. Inclusory concurrent counts (lesser included offense) are when the offense charged in one is greater than those charged in the others and when the latter are all lesser offenses included within the greater
D. Consistent counts are counts where the offense charged in one necessarily negates guilt of the offense charged in the other

D. Consistent counts are counts where the offense charged in one necessarily negates guilt of the offense charged in the other

CPL 300.30

8

Which of the following choices relating to the following two statements is correct?
1. a count not submitted to the jury is deemed dismissed by the court
2. If indictment contains 2 inconsistent counts, court must submit both counts
A. 1
B. 2
C. both are correct
D. both are incorrect

A. 1


CPL 300.40(5) & 300.40(7)

9

When guilty of offense charged in on e count negates guilt of offense charged in other, counts are said to be
A. consecutive or conclusory counts
B. concurrent counts or conclusory counts
C. inclusory concurrent counts
D. inconsistent counts

D. inconsistent counts

CPL 300.30

10

With respect to requests to charge, which of the following statements is false?
A. The parties may submit requests to charge in
B. The parties may submit requests to charge orally
C. The court may rule promptly upon each request
D. Failure of court to rule on request is deemed a denial thereof

C. the court may rule promptly upon each request

CPL 300.10

11

Which of the following is not a fundamental legal principle applicable to criminal cases?
A. presumption of defendants innocence
B. requirement that jury not speculate concerning sentence or punishment
C. requirement that defendant testify in his own behalf
D. requirement that guilt be proved beyond a reasonable doubt

C. requirement that defendant testify in his own behalf

CPL 300.10