CPL 300 SIDE DECK BLAST

Question 1

300.30 — Submission of indictment to jury

Submission of a count of an indictment means

• submission of the ____________ charged therein OR
• submission of _____________ OR
• submission of __________ in the Alternative.

Answer 1

Offense…….. lesser included offenses…….. both

Question 2

300.30 — Submission of indictment to jury

• To submit a count it must be supported by legally sufficient _____________
• If the top count is not supported by such, then the greatest _____________ which is supported will be submitted

Answer 2

trial evidence………. lesser offense

Question 3

300.30 — Submission of indictment to jury

Consecutive counts

Answer 3

Two or more counts where consecutive Sentences MAY be imposed

Question 4

300.30 — Submission of indictment to jury

Consecutive counts

Two or more counts where consecutive Sentences (MUST/MAY) be imposed

Answer 4

MAY

Question 5

300.30 — Submission of indictment to jury

Concurrent counts

Answer 5

Two or more counts where concurrent Sentences ONLY MAY (must) be

Question 6

300.30 — Submission of indictment to jury

Concurrent counts

Two or more counts where concurrent Sentences (MUST/MAY) be IMPOSED

Answer 6

MUST (ONLY MAY)

Question 7

300.30 — Submission of indictment to jury

Inclusory Concurrent counts

Answer 7

The offense charged in one is greater than any of the offenses charged in another, and the latter are all lesser included offenses within the greater

Question 8

300.30 — Submission of indictment to jury

Inclusory Concurrent counts

• The offense charged in one is ___________ than any of the offenses charged in another, and the latter are all __________ within the _____________

Answer 8

greater ……….. lesser included offenses……….. greater

Question 9

300.30 — Submission of indictment to jury

Inconsistent counts

Answer 9

Guilt in one necessarily negates guilt in another

Question 10

300.30 — Submission of indictment to jury

Inconsistent counts

Guilt in one necessarily __________ guilt in another

Answer 10

negates

Question 11

300.40 — Counts to be submitted

Every count not supported by legally sufficient trial evidence will not be submitted to the jury and should be dismissed by trial order of dismissal.
The following rules apply:

1. If indictment contains _________ the court must submit such count

Answer 11

one count

Question 12

300.40 — Counts to be submitted

Every count not supported by legally sufficient trial evidence will not be submitted to the jury and should be dismissed by trial order of dismissal.
The following rules apply:

2. If the indictment contains multiple ___________ , the court must submit ____________ thereof

Answer 12

consecutive counts………. every count

Question 13

300.40 — Counts to be submitted

Every count not supported by legally sufficient trial evidence will not be submitted to the jury and should be dismissed by trial order of dismissal.
The following rules apply:

3. If the indictment contains multiple ___________ of (murder in the first degree), the court must submit _____________

Answer 13

concurrent counts…….. every count