CPL 170 Volume 2

Question 1

170.40-Motion to dismiss in the furtherance of justice

Motion to dismiss in the interest of justice can be made by the court itself, the people or the defendant
Such motion may be brought when there is no basis for dismissal as a matter of ________ , but such dismissal is required as a matter of judicial discretion due to some compelling factor or circumstance that demonstrates that the conviction or prosecution of the defendant will result in an injustice. The court must consider many factors before granting such a motion

Answer 1

law

Question 2

170.45 Motion to dismiss information, simplified traffic information, prosecutor’s information or misdemeanor complaint; procedure

The rules for bringing a motion to dismiss an indictment in 210.45 are also applicable for motions to dismiss accusatory instruments in LCC

Answer 2

xx

Question 3

170.50 Motion in superior court to dismiss prosecutor’s information

Anytime after arraignment upon a prosecutor’s information filed at the direction of the grand jury and before the entry of a plea of guilty or commencement of a trial,the defendant may bring a motion to dismiss upon the ground that:

• 1. The evidence before the grand jury was not ____________ to support the charge
• 2. The grand jury proceeding was __________

Answer 3

legally sufficient ……… defective

Question 4

170.55-Adjournment in contemplation of dismissal “ACOD”

Upon or after arraignment on a violation or misdemeanor, but before the entry of a plea of guilty or commencement of a trial, the court MAY upon motion of

• THE PEOPLE OR THE DEFENDANT and with the CONSENT of the other party, or
• on THE COURT’S own motion with the CONSENT of both the PEOPLE AND THE DEFENDANT,

order that the action be _____________________________

Answer 4

adjourned in contemplation of dismissal

Question 5

170.55-Adjournment in contemplation of dismissal “ACOD”

• An ACOD is an adjournment of an action without a date with a view of dismissal in the furtherance of justice.
• Upon issuing an ACOD the court MUST RELEASE THE DEFENDANT on his own recognizance.
• Upon the application of the PEOPLE made within __________ or in the case of a family offense _______________,the court may restore the case if it is determined that a dismissal would not be in the interests of justice.
• If the case is not restored within such period it is deemed dismissed

Answer 5

SIX(6) MONTHS ……….. ONE(1) YEAR

Question 6

170.55-Adjournment in contemplation of dismissal “ACOD”

• An order of protection may be issued in conjunction with an ACOD.
• For family offenses the defendant may be required to participate in _________ program addressing spousal abuse and family violence.
  • The defendant may be required to participate in dispute resolution, community service, attend an _______________program all as a condition of the ACOD

Answer 6

an educational ……….alcohol awareness

Question 7

170.55-Adjournment in contemplation of dismissal “ACOD”

• An ACOD is not an admission of guilt or a conviction.
• Upon the ultimate dismissal of the accusatory instrument, the arrest and prosecution shall be deemed a ________ and the defendant is restored to the status he occupied before his arrest and prosecution

Answer 7

NULLITY

Question 8

SECTION 170.56 Adjournment in contemplation of dismissal in cases involving marihuana

ACOD for marijuana cases:

• There are some restrictions like no prior 170.56 being granted or prior drug convictions.
• The period of adjournment cannot exceed___________

Answer 8

TWELVE(12) MONTHS.

Question 9

SECTION 170.56 Adjournment in contemplation of dismissal in cases involving marihuana

ACOD for marijuana cases:

• (NEW) The court may order an ACOD based upon a finding of______________
• For purposes of this subdivision, exceptional circumstances exist when, regardless of the ultimate disposition of the case, the entry of a plea of guilty is likely to result in severe or ongoing consequences, including, but not limited to, potential or actual immigration consequences.

Answer 9

exceptional circumstances.

Question 10

170.60 Requirement of plea to information, simplified information or prosecutor’s information

A defendant must enter a plea to an__________ , __________________ or _____________ if it is not dismissed or terminated

Answer 10

Information………. simplified information………. prosecutor’s information

Question 11

170.65 Replacement of misdemeanor complaint by information and waiver thereof

It is not required for a defendant to enter a plea to a_______________
- __________________ must be replaced by an Information for the prosecution of the matter to take place.

Answer 11

Misdemeanor Complaint……….. Misdemeanor Complaints

Question 12

170.65 Replacement of misdemeanor complaint by information and waiver thereof

Generally supplementing a misdemeanor complaint with a ___________ satisfies the requirements, and the complaint is deemed to be converted to an Information

Answer 12

supporting deposition

Question 13

170.65 Replacement of misdemeanor complaint by information and waiver thereof

An information, which replaces a misdemeanor complaint,need not charge the same _________________________,but at least _____________count must charge an offense that was the subject of the misdemeanor complaint

Answer 13

offense or offenses………………..one

Question 14

170.65 Replacement of misdemeanor complaint by information and waiver thereof

• A defendant MAY waive prosecution by Information and consent to be prosecuted by Misdemeanor Complaint.
• If this takes place, then the defendant must enter a plea to the __________________ either at the time of the waiver or subsequent thereto.

Answer 14

Misdemeanor Complaint

Question 15

170.70 Release of defendant upon failure to replace misdemeanor complaint by information

Upon application of the defendant who is committed to the custody of the Sheriff upon a Misdemeanor Complaint, the court MUST release the defendant for failure to convert Misdemeanor Complaint to Information if the defendant has been held in custody since ____________ for a period of more than ___________ excluding ______________

There are TWO exceptions:

• Defendant consents to prosecution of misdemeanor complaint
• Good cause shown why defendant should not be released

Answer 15

arraignment ………FIVE(5) days……… Sunday.

Question 16

SECTION 170.80 Proceedings regarding certain prostitution charges; certain persons aged sixteen or seventeen

At any time at or after arraignment on a charge of ___________________, after consultation with counsel, a knowing and voluntary plea of guilty has been entered to such charge, any judge or justice hearing any stage of such case may, upon consent of the defendant after consultation with counsel:

• 1. Conditionally convert such charge to a PINS (Person in need of supervision) petition pursuant to Article 7 of the Family Court Act and retain it, and/or
• 2. Order the provision of any of the Specialized Services in Article 6 of the Social Services Law

Answer 16

prostitution

Question 17

SECTION 170.80 Proceedings regarding certain prostitution charges; certain persons aged sixteen or seventeen

• In the event the defendant has already been convicted, by plea or verdict, for such prostitution charge, the court MUST find that the person is a _____________________ and proceed in accordance with article 720 of the CPL.
• The sentence imposed shall be a sentence for a ________________ only and the records of the investigation and proceedings shall be sealed.

Answer 17

Y.O. (Youthful Offender)………………….. Violation

Question 18

SECTION 170.80 Proceedings regarding certain prostitution charges; certain persons aged sixteen or seventeen

When the court exercises the option above and converts the matter to a PINS proceeding, the defendant shall be deemed a “_________________ “

Answer 18

sexually exploited child

Question 19

SECTION 170.80 Proceedings regarding certain prostitution charges; certain persons aged sixteen or seventeen

• If the defendant does not remain in compliance with the conditions of the conversion to PINS, upon written application of the people prior to the individual’s _______________ , the court may restore the accusatory instrument
• The defendant shall be entitled to be heard with regard to his or her non-compliance and have a right to counsel
• A hearing may be held to determine the defendant’s non-compliance

Answer 19

18th birthday

Question 20

SECTION 170.80 Proceedings regarding certain prostitution charges; certain persons aged sixteen or seventeen

At the conclusion of a PINS proceeding, all records of the investigation and proceedings involving the defendant in this proceeding shall be ____________ in accordance with 720.35 of the CPL

Answer 20

sealed