CPL 260 through 390 Flashcards
(110 cards)
1
Q
In the trial of an indictment, the defendant must deliver a closing
statement.
A
False
2
Q
CPL 260.20 T/F? In a trial of an indictment, trial cannot proceed
unless defendant is present.
A
false
3
Q
CPL 260.20 T/F? If a defendant is disruptive in a courtroom, he may
be removed and the trial shall continue
A
False- he must be warned this would happen first
4
Q
CPL 260.30 The people MAY or MUST deliver an opening address to
the jury?
A
MUST
5
Q
CPL 260.30 The people MAY or MUST offer evidence in support of the indictment?
A
MUST
6
Q
CPL 260.30 The people and defendant MAY or MUST deliver a
summation to the jury?
A
MAY
7
Q
CPL 260.10 Generally, a defendant may waive a jury trial EXCEPT
where charge is________
A
murder in the first degree
8
Q
Which of the following statements is correct? In a trial of
indictment, a defendant may:
A. waive a jury trial except for class A and B felonies.
B. waive a jury trial in all cases.
C. waive a jury trial except where charge is murder in the first
degree.
D. waive a jury trial except where the charge is A, B or C felony.
A
C
9
Q
Which of the following statements relating to a jury trial is false?
A. The jury must be selected and sworn.
B. The court must deliver preliminary instructions to the jury C. The
people must deliver an opening address to the jury.
D. The defendant must deliver an opening address to the jury.
A
D
10
Q
Which of the following statements is false? In a jury trial:
A. people must offer evidence in support of indictment.
B. defendant may offer evidence in his defense. C. people must offer
evidence in rebuttal.
D. defendant may deliver a summation to the jury.
A
C (CPL 260.30)
11
Q
Which of the following statements is false? At the conclusion of
evidence:
A. the defendant may deliver a summation to the jury.
B. the people may deliver a summation to the jury.
C. the court may then deliver a charge to the jury.
D. the jury must retire and deliberate and if possible render a verdict.
A
C (CPL 260.30)
12
Q
Which of the following 3 statements are correct?
1. A defendant may waive a jury trial in all cases.
2. A defendant may not waive a jury trial in some cases.
3. A defendant may not waive a jury trial for a B felony.
A. 1 only B. 2 & 3 only C. 3 only D. 2 only
A
D (CPL 260.10)
13
Q
CPL 270.05 A jury in the trial of an indictment consists
of___________ jurors.
A
12
14
Q
CPL 270.10 A challenge to the entire panel of jurors may be made
only by the____________
A
defendant
15
Q
CPL 270.15 Who must use their peremptory challenges first: the
people or the defendant?
A
the people
16
Q
CPL 270.25 Number of peremptory challenges .where the charge is
a D felony is_______.
A
10 for each side
17
Q
CPL 270.25 Number of peremptory challenges where highest crime
charged is A felony is ________
A
20 peremptory challenges
18
Q
CPL 270.25 T/F?, In a trial of an indictment, a peremptory
challenge must be allowed if the majority of defendants join in the
challenge.
A
true
19
Q
PL 270.30 The maximum number of alternate jurors in the trial
of an indictment is __________
A
6
20
Q
CPL 270.35 Once a jury has started its deliberations in the trial of
an indictment, the permission of the________ is needed for a
discharged juror to be replaced.
A
the defendant
21
Q
CPL 270.50 T/F? When a jury views a premises, the defendant
must be present.
A
False
22
Q
CPL 270.50 T/F? When a jury views a premises, a court officer
must be present.
A
false
23
Q
Which of the following is false? In a trial of an indictment, each
side has the following peremptory challenges:
A. Class A felony: 20 for regular jurors; 2 for each alternate.
B. B or C felony: 10 for regular jurors; 2 for each alternate.
C. Other than A, B and C felony: 10 for regular jurors; 2 for each
alternate.
D. D felony: 10 for regular jurors; 2 for each alternate.
A
B
24
Q
In a criminal case, when two or more defendants are tried jointly,
the number of peremptory challenges:
A. is multiplied by the number of defendants. B. is increased as per
order of the court.
C. increases for regular jurors, but remains the same for alternate
jurors.
D. remains the same.
A
D (CPL 270.25)
25
The maximum number of alternate jurors in the trial of an
indictment is:
A. 2
B. 12
C. as directed by court, but not more than 6
D. as directed by court, but not more than 4
C (CPL 270.30)
26
If the trial jury has begun its deliberations and one of jurors
cannot continue:
A. the court may on its own motion replace the juror.
B. the court may replace the juror if the DA consents.
C. the court may replace the juror if the defendant consents.
D. the court must declare a mistrial.
C (CPL 270.35)
27
Which of the following relating to a jury viewing of premises is
not correct?
A. Jury must be kept together throughout.
B. Jury must be under the supervision of appropriate public servants
appointed by the court.
C. Prosecutor, defendant, and counsel may as a matter of right be
present.
D. Court may be present throughout.
D (CPL 270.50)
28
CPL 280.20 T/F? Upon a new trial, following a mistrial, indictment
is deemed to contain all counts it contained at start of trial, regardless
of whether any count was thereafter dismissed by court prior to
mistrial.
True
29
CPL 280.10 Court MUST declare a mistrial upon a motion of either
party or on its own motion when___________
-it is physically impossible to proceed with the trial in conformity with
law.
30
CPL 280.20 On a new trial, following a mistrial declared when it is
physically impossible to proceed in conformity with law, the
indictment is deemed to contain____________
ALL the counts that it contained at the start of the trial.
31
The court can declare a mistrial and order a new trial:
A. only before conclusion of people's case.
B. only before conclusion of defendant's case.
6
C. only before summation by people.
D. at any time during trial under certain circumstances
D (CPL 280.10)
32
Upon a new trial from an order declaring a mistrial, the indictment
is deemed to contain:
A. all the counts it contained at the time previous trial was
commenced.
B. all the counts not dismissed during trial ended by order of mistrial.
C. all the counts listed in judges order of mistrial. D. all the counts
originally contained in felony complaint used for indictment.
A (CPL 280.20)
33
CPL 300.30 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
34
CPL 300.30 CONCURRENT COUNTS are two or more counts upon
which concurrent ___________ may be imposed.
sentences
35
CPL 300.40, Every count not submitted to the jury is
deemed______________
to have been dismissed by the court
36
CPL 300.50, Verdict of guilty to a lesser included offense is
deemed______of every greater offense submitted.
an acquittal
37
Which of following choices relating to the following two
statements is correct?
a. A count not submitted to the jury is deemed dismissed by the court.
b. If indictment contains 2 inconsistent counts, court must submit both
counts.
A. only a is correct.
B. only b is correct
C. both a & b are correct
D. both a & b are false
A (CPL 300.40(5) and 300.40(7))
38
When guilty of offense charged in one 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 (CPL 300.30)
39
With respect to requests to charge, which of the following
statements is false?
A. The parties may submit requests to charge in writing.
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 (CPL 300.10) MUST rule promptly
40
Which of the following is not a fundamental legal principle
applicable to criminal cases?
A. presumption of defendant's 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 (CPL 300.10)
41
CPL 310.10 T/F? A jury may deliberate in a place inside the
courtroom.
false
42
CPL 310.20 Upon retiring to deliberate the jurors may take with
them_________
-any exhibits received in evidence at the trial which the court after
according the parties an opportunity to be heard permits them to
take.
43
CPL 310.20 T/F? The defendant must be present if court gives
jurors additional instructions or information.
True
44
CPL 310.30 When may a Judge give copies of a statute to the jury?
IF jury requests AND parties consent
45
CPL 340 Who must be present in the courtroom when the
foreperson announces the verdict?
the court, a prosecutor, the defendant's counsel, and the defendant.
46
CPL 310.80 T/F? After a verdict has been rendered jurors must be
individually asked if such is their verdict.
False. collectively asked (Must be individually asked if there is a
request by either side that jury be polled.).
47
CPL 310.80 If the court orders that a verdict be replaced by a JD
fact determination the court must order the action removed to the
family court pursuant to______________
CPL 725
48
Upon retiring to deliberate jurors may take with them exhibits
received in evidence at the trial which:
A. the court, after hearing both attorneys, permits the jurors to take.
B. were also marked for identification.
C. the defendant and the people do not object to.
D. a majority of the jurors demand to take into the jury roo
A (CPL 310.20)
49
The jurors may take with them a copy of any statute if:
A. jury demands and there is no objection by either side. B. jury asks
for it and both sides and court consent C. jury asks for it and
9
defendant and court consent. D. jury asks for it and the statute is NYS
law.
B(CPL310.30)
50
If the court accepts a verdict which is defective or incomplete
because the jury did not render a verdict upon every count such
verdict is deemed an acquittal upon every count
A. submitted to the jury.
B. not submitted to the jury.
C. improperly ignored in the verdict.
D. none of the above
C (CPL 310.50)
51
Which is false? Deliberating jury may be discharged by court
without having rendered a verdict when:
A. jury deliberated extensively, and court decides to discharge jury. B.
a mistrial is declared pursuant to 280.10. C. court, defendant, and
people all consent to such discharge. D. jurors do not wish to continue
deliberations.
D(CPL310.50)
52
Which of the following is correct? After a verdict has been
rendered:
A. it does not have to be recorded in the minutes. B. the jurors must
be immediately discharged C. jurors must be collectively asked if such
is their verdict. D. jurors are not required to be present in courtroom
when verdict is read.
C (CPL 310.70)
53
Which of the following statements regarding jury deliberations is
false?
A. Jury retires to deliberate following court's charge. B. Jury must
deliberate in a place outside courtroom C. The jury must be kept
continuously together. D. Court officer(s) must supervise the jurors.
D(CPL310.10)
54
CPL 320.10 A defendant may waive a jury trial except where
indictment charges ______
murder in the first degree
55
CPL 320.20 T/F? In a single judge trial of an indictment opening
and closing statements are discretionary with the judge.
False. Judge must allow opening and closing statements
56
CPL 320.20 T/F? The order of trial is the same as in a jury trial of
an indictment.
True
57
Which of the following is correct? A waiver of a jury trial must:
A. be done orally.
B. be signed by the people in open court.
C. be with the approval of the court.
D. None of the above are correct.
C. (CPL 320.10)
58
In a non-jury trial of an indictment:
a. Court must permit opening addresses by parties.
b. Court must permit summations by parties.
A. Only a is correct. B. Only b is correct.
C. Both a & b are correct D. Both a & b are incorrect.
C (CPL 320.20)
59
A defendant may waive a jury trial:
1. for all Class A and Class B misdemeanors 2. for all felonies defined in
the Penal Law
3. for all felonies except where the charge is murder in the first
degree.
A. 1 only
B. 1& 2 only
C. 1 & 3 only
D. 2 & 3 only
C (CPL 320.10)
60
CPL 330.20 Dangerous mental disorder means that defendant is
mentally ill and___________
is a risk to himself and others
61
CPL 330.20 A commitment order is for a period of _________
6 months
62
CPL 330.20 A first retention order is for a maximum period of____
one year
63
CPL 330.20 Second retention order and subsequent retention
order are up to maximum period of ___________
2 years
64
CPL 330.20 An order of conditions is valid for a period of ___ years
and can be extended an additional___ years.
5 ..... 5
65
Which of the following orders is paired incorrectly with its
definition?
A. Examination order: orders a defendant to submit to a psychiatric
examination.
B. commitment order: confinement in a secure facility for 6 months
from date of order.
C. first retention order: up to 6 months detention
D. second retention order up to 2 years detention
C (CPL 330.10)
66
Which of the following orders is paired incorrectly with its
definition?
A. subsequent retention order: up to two years detention
B. furlough order up to 30 days leave from facility
C. transfer order: transfer from a secure to non-secure facility
D. release order: terminates defendant's in-patient status without
terminating the commissioner's responsibility for the. defendant.
B (CPL 330.10)
67
Order of conditions: valid for ____years and may be extended by
the court for ____years for good cause shown (directs defendant to
comply with prescribed treatment plan or if defendant is in custody
not to leave the facility without authorization).
A. 1 ...1
B. 3...3
C. 5....10
D. 5....5,
D (CPL 330.10)
68
Upon the entry of a verdict of not responsible by reason of mental
disease or defect or acceptance of a plea of not responsible by reason
of mental disease or defect, the court MUST:
A. unconditionally discharge defendant from custody.
B. issue an examination order.
C. release defendant on his own recognizance or order bail.
D. None of the above
B (CPL 330.10)
69
CPL 340.20 T/F? A plea to an information must be entered orally in
person.
False
70
CPL 340.20 A plea to an information against a corporation must be
entered by _________
counsel
71
CPL 340.40 T/F? Defendant charged with a misdemeanor is in all
cases entitled to a jury trial-
False. In NYC entitled to jury trial only if misdemeanor sentence is
more than 6 months
72
CPL 340.40 T/F? Defendant who is DISRUPTIVE may be ordered
removed by court and trial will continue.
-False. A defendant who is disruptive AND IS WARNED and then is
disruptive again may be removed.
73
A defendant who conducts himself in so disorderly and disruptive
a manner that his trial cannot be carried on with him in the
courtroom:
A. may be removed from the courtroom & the trial will proceed.
B. may be declared guilty.
C. must be held for psychiatric examination. D. may be removed from
courtroom if previously warned by the court.
-D (CPL 340.50)
74
Which of following statements relating to local criminal courts is
false?
1. Generally defendant must be present at trial. 2. Trial of a youthful
offender eligible youth shall not be a single judge trial.
3. All LCC trials must be single judge trials.
A. 1 & 3 only
B. 1, 2 & 3
C. 1 only
D. 2 & 3
D. CPL 340.40)
75
Which of the following statements relating to LCC proceedings is
false? 1. A plea to an information may in certain cases be entered by
counsel. 2. A plea to an information against a corporation must be
entered by counsel. 3. Generally, a plea to an information against a
person is entered by person. 4. President of a corporate defendant
may enter a plea for the corporation.
A. 1 & 4 only
B. 4 only
C. 2 & 3 only
D. 1 only
B (CPL 340.20)
76
CPL 350.10 T/F? In a non jury trial in a LCC the court must allow
opening statements.
false
76
A defendant charged with a misdemeanor in a LCC: 1. must have a
single judge trial.
2. may not waive a jury trial in some cases.
3. is not entitled to a jury trial in some cases.
A. 2 only
B. 2 & 3 only
14
C. 1 only
D. 3 only
D (340.40)
77
CPL 350.20 T/F? A JHO may be assigned to conduct any trial in a
LCC.
False. Not when the charges include an A misdemeanor.
78
Which of the following statements relating to a non jury trial in a
LCC is false?
A. The order of evidence is different from that in a jury trial of an
indictment. B. The court must render a verdict upon each count not
previously dismissed. C. The court must consider the case and render
a verdict D. The court in its discretion may permit parties to deliver
summations.
A (CPL 350.10)
79
Which of the following relating to trial by a judicial hearing officer
in a LCC is false?
A. JHO determines all questions of law.
B. JHO acts as exclusive trier of all issues of fact
C. JHO must render a verdict.
D. JHO trial must occur upon motion of defendant.
D (CPL 350.20)
80
Which of the following statements relating to non jury trials in a
LCC is false? A. The judge determines all questions of law.
B. The judge is the exclusive trier of all issues of fact.
C. The court may render a verdict.
D. The court may permit opening addresses and may permit closing
statements.
C (CPL 350.10)
81
CPL 360.10 A trial jury in a LCC consists of______jurors.
6
82
CPL 360.15 A challenge to the entire panel of jurors must be made
before ___________
jury selection begins.
83
CPL 360.15 A challenge to the entire panel of jurors may be made
only by _______________
the defendant
84
CPL 360.15 T/F? Challenge to entire panel of jurors may be made
orally if time doesn't permit written challenge.
False. Challenge must be made in writing.
85
CPL 360.30 In a LCC trial how many peremptory challenges are
allowed for the people?
All the defendants combined.
3... 3
86
CPL 360.35 In a LCC trial ____peremptory challenge(s) is/are
allowed in the selection of the alternate jurors.
1
87
A challenge to the entire panel of jurors may be made by the:
A. defendant B. the people only C. the court only D. the people or the
court
A (CPL 360.15)
88
Peremptory challenges allowed in a lower criminal case are:
A. 3 per party (if 2 or more defendants they are treated as one party).
B. 3 per party (if 2 or more defendants, each gets 3 peremptory
challenges).
C. a minimum of 3 per party, plus additional challenges granted by the
judge.
D. a maximum of 6 per side.
A (CPL 360.30)
89
The maximum number of alternate jurors allowed in a LCC case
is:
A. 1
B. 2
C. 3 if the court allows
D. 6, if court allows.
B
90
A jury trial in a LCC consists of______ jurors.
A. 6 B. 8 C. 12 D. 16
A (CPL 360.10)
91
CPL 380.30 T/F? The court may not sentence the defendant at
the time conviction is entered.
False. May if pre-sentence report or fingerprint report is not required,
or if required has been received.
92
CPL 380.30 T/F? If after the court sets the date for pronouncing
sentence it decides to have a pre-sentence proceeding, notice of such
a proceeding automatically adjourns the date for pronouncing
sentence.
True
93
CPL 380.40 T/F? Except where the defendant is a corporation,
the defendant must always be present at the time sentence is
pronounced.
False. For misdemeanor or petty offense, court may upon motion of
defendant dispense with requirement that defendant be present
94
CPL 380.60 In general the document that serves as the authority
for the execution of sentence and serves as the order of conviction is
__________
Certificate of Conviction
95
CPL 380.70 Where there is an indeterminate or determinate
sentence, a certified copy of minutes of sentence must be delivered to
person in charge of institution within ____days from date sentence
was imposed
30
96
Choose the best answer. The court may sentence the defendant
at the time of conviction:
A. in all cases.
B. if a pre-sentence report or a fingerprint report is required.
C. where any such report is required the report has been received.
D. both B and C are correct.
C (CPL 380.30)
97
Choose the best answer. With reference to sentencing:
A. In general the defendant need not be present at time sentence is
pronounced.
B. Sentence may be pronounced against a corporation in absence of
counsel.
C. Both A & B are correct. D. Both A & B are incorrect
B (CPL 380.40)
98
The authority for the execution of a sentence is: A. certificate of
disposition of judgment.
B. transcript of judgment.
C. certificate of conviction.
D. transcript of disposition of judgment.
C
99
Where an indeterminate reformatory or alternative local
reformatory sentence is imposed, a certified copy of minutes of
sentence proceedings must be delivered to institution within____days
from date sentence was imposed.
A. 10 B. 15 C. 30 D. 45
c
100
CPL 390.15 T/F? Where a defendant is convicted of a felony sex
offense, disclosure of HIV testing results shall be made to the court.
false
101
CPL 390.15 Generally, request for HIV testing must be made
within _____days after entry of defendant's conviction.
10
102
CPL 390.20 T/F? A pre-sentence report is required where a
person is convicted of a misdemeanor for a term of 180 days or more
False. for a term in EXCESS of 180 days.
Note: It’s got to be excess of 180, not 180!
103
CPL 390.40 The prosecutor's pre-sentence memorandum must be
served on defendant's attorney at least ___ days prior to the date of
sentence.
10
104
CPL 390.50 Pre-sentence report must be made available to
defendant, defendant's attorney, and prosecutor not less than
___court day(s) prior to sentencing.
1
105
CPL 390.60 T/F? Copy of pre-sentence report must accompany
the defendant to the correctional facility.
True
106
Unless waived by the parties, a pre-sentence report must be
made available by the court to____not less than 1 day prior to
sentencing., A. defendant's attorney, defendant (if no attorney) and
prosecutor only B. court, defendant's attorney, defendant (if no
attorney) and prosecutor only C. defendant and defendant's attorney
only D. prosecutor and defendant's attorney only
A (CPL 390.50)
107
A pre-sentence report must be ordered when a person is
convicted of misdemeanor(s) for which the following sentence will be
imposed: A.
A sentence of probation. B. Aggregate sentences totaling more than 60
days.
C. Both A and B.
D. Neither A nor B.
A (CPL 390.20)
108
Which of the following statements is correct?
A. Court may order a pre-sentence report in any case.
B. Court must order a pre-sentence report in a misdemeanor
conviction.
C. Court may order pre-sentence report in felony convictions.
D. None of the above.
A (CPL 390.20)
109
Choose the best answer. In any case where a defendant is
convicted of a felony, the court:
A. may order a pre-sentence investigation.
B. must order a pre-sentence investigation.
C. may pronounce sentence prior to receipt of pre-sentence report.
D. both A and C are correct.
B (CPL 390.10)
