CPL 1 Flashcards
(33 cards)
A prosecutor’s information is used in _____ courts.
A prosecutor’s information is used in local criminal courts.
CPL 1.20
Informations filed by a police officer or other public servant are called _____.
Informations filed by a police officer or other public servant are called simplified informations.
CPL 1.20
A superior court information is filed by the _____.
A superior court information is filed by the district attorney.
CPL1.20
A Misdemeanor complaint charges one or more offenses; at least one must be a _____.
A Misdemeanor complaint charges one or more offenses; at least one must be a misdemeanor.
CPL 1.20
Of the following which one does not commence a criminal action?
1. information;
2. prosecutor’s information; or 3. superior court information.
3
A superior court information does not commence a criminal action. CPL 1.20
A superior court information is used after a felony complaint has been filed if the defendant waives indictment and the district attorney consents.
Can a misdemeanor or felony complaint be used as the basis for prosecution?
GENERALLY no. Exception: A misdemeanor complaint can be used as the basis for prosecution with the consent of the defendant. CPL 1.20
All informations can serve as the basis for prosecution.
T/ F
True
CPL 1.20
A prosecutor’s information may charge a felony,
T/ F
False.
CPL 1.20
A prosecutor’s information MAY charge one or more offenses, NONE of which is a felony.
A court acquires personal jurisdiction over a defendant at _____.
A court acquires personal jurisdication over a defendant to arraignment.
CPL 1.20
A criminal jury trial commences with the _____.
A criminal jury trial commences with the selection of the jury.
CPL 1.20
A criminal non-jury trial commences with the _____.
A criminal non-jury trial commences with EITHER the *first opening address of, if there is none, when the first witness is sworn in**.
CPL 1.20
Conviction means a verdict of guilty or _____.
Conviction means a verdict of guilty or entry of a plea of guilty.
CPL 1.20
A criminal judgment is comprised of _____ and _____.
A criminal judgment is comprised of conviction and a centence.
CPL 1.20
A criminal action commences with the filing of _____.
A criminal action commences with the filing of the accusatory instrument. CPL 1.20
The two superior criminal courts are _____ and _____.
The two superior criminal courts are the supreme court and the county court. CPL 1.20
The district court, New York City criminal court, and justice courts are what types of courts?
the district court, New York City criminal court, and justice courts are local criminal courts.
CPL 1.20
The court of appeals is an intermediate appellate court.
T / F
Fales.
CPL 1.20
When a court has authority to finally dispose of a case, it is said to have _____ jurisdiction.
When a court has authority to finally dispose of a case, it is said to have trial jurisdiction.
CPL 1.20
Local criminal courts have trial jurisdiction over all offenses.
T / F
False. Local criminal courts DO NOT have trial jurisdiction over felonies.
CPL 1.20
An appearance ticket is an accusatory instrument.
T/ F
False.
CPL 1.20
Which of the following are accusatory instruments?
1. summons;
2. warrant of arrest;
3. desk appearance ticket;
4. felony complaint.
A felony complaint is an accusatory instrument.
CPL 1.20
A appearance ticket is issued by _____.
An appearance ticket is issued by a public servant.
CPL 1.20
A bench warrant is issued by _____.
A bench warrant is issued by a criminal court.
CPL 1.20
A bench warrant is used to bring a person in for arraignment.
T/ F
Fales.
A bench warrant is used to bring a person in for some purpose other than arraignment.
CPL 1.20
