CPL Quiz Articles 1, 10, 30, 100, 120, 160 Flashcards by Emily Monsees

(1. 20) (Which is the incorrect answer) According to the Criminal Procedure Law
(a) an information may not serve as a basis for prosecution
(b) a felony complaint must charge at least one felony
(c) a superior court information must charge at least one crime
(d) a jury trial commences with the selection of the jury

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(1.20-2) “Local criminal court accusatory instrument’ means any
accusatory instrument other than
(a) a felony complaint (b) a prosecutor’s information
(c) a misdemeanor complaint (d) an indictment

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(1.20-7) A verified written accusation by a person, filed with a local
criminal court, charging one or more persons with the commission of
one or more offenses, at least one of which is a felony, and which may
not be used as a basis for prosecution thereof, is
(a) an indictment (b) an information
(c) a felony complaint
(d) none of the foregoing is correct

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(10.10-1) The best description of a superior court pursuant to the
Criminal Procedure Law is
(a) a city court (b) a county court
(c) a district court (d) a supreme court or a district court

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(30.30-1c) A motion to dismiss for lack of a speedy trial must be
granted where the people are not ready for trial as to a misdemeanor
punishable by a sentence of imprisonment of not more than three
months within
(a) sixty days of the arrest of the defendant
(b) sixty days of the arraignment of the defendant
(c) sixty days of the commencement of a criminal action
(d) ninety days of the commencement of a criminal action

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(30.30-2a) A defendant must be released on bail or released on his
own recognizance if the people, are not ready for trial within
_________, upon an action where the defendant is charged with a
felony
(a) 5 days (b) 15 days (c) 30 days (d) 90 days

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(30.30-1a) In the case of a felony, other than certain felonies in
section 125 of the penal law, a motion to dismiss must be granted
when the people are not ready for trial within
(a) 30 days (b) 60 days (c) 3 months (d) 6 months

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(100.05) The only way a criminal action may be commenced in a
superior court is by the filing therewith by a grand jury of
(1) an indictment (2) a felony complaint (3) a superior court
information (4) all of the above
(a) 1 only
(b) 4
(c) 1, 3 only
(d) 1 and 2 & 3 only

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(100.10-3) A prosecutor’s information may be filed with a local
criminal court either
(1) at the direction of a grand jury (2) at the direction of a local
criminal court
(c) at the district attorneys on instance (4) at the direction of a
superior court
(a) 1, 3 and 4 only
(b) 4 only
(c) 1 only and 3 only
(d) all of the above

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(100.15) (Best answer) An information, a misdemeanor complaint
or a felony complaint must contain:
(a) an accusatory part verified by a person known as the complainant
(b) a factual part verified by a person known as the complainant
(c) an accusatory part and a factual part
(d) b and c above
(e) a, b and c above
(f) a and c above

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(120. 10-1) A warrant of arrest may be addressed to
(a) any person over 18 years of age designated by the court
(b) any peace officer
(c) a police officer or a uniformed court officer
(d) None of the above is correct

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(120. 80-1) A warrant of arrest
a) may not be executed on Sundays
b) may not be executed on Saturdays or Sundays
c) may be executed on Sundays
d) may not be executed on a legal holiday

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(120.80-2) (True or False) The officer must have the warrant in his
possession

False

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(160.10-1) Following an arrest, the arresting officer is required to
take the fingerprints of the arrested person
(a) in all cases (b) for all crimes (c) for all misdemeanor arrests
(d) for all misdemeanor arrests defined in the penal law

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(160.20) Upon the taking of fingerprints of an arrested person
or defendant, the police officer must forward _________ to the
division of criminal justice services
(a) one copy (b) two copies (c) three copies (d) four copies

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(160.40-1) A police officer, who has forwarded fingerprints to the
division of criminal justice services and has received a report from
said agency, must submit
(a) 2 copies of such report to the district attorney
(b) 1 copy to the district attorney, 1 copy to the court and 1 copy to
the defense counsel
(c) 1 copy to the district attorney and 2 copies to the court
(d) 2 copies to the district attorney and 1 copy to the court

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100.05 T/F? Prosecutor’s information and superior court

information are filed in superior courts.

False

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CPL 100.07 Criminal court and Family Court have concurrent

jurisdiction over____________

Family offenses

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CPL 100.10 T/F? Information cannot serve as the basis for

prosecution.

False

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CPL 100.15 The two parts of an accusatory instrument are the

_____ part and the _____ part.

accusatory & factual

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CPL 100.20 A supporting deposition is filed by

________________________

other than complainant.

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Which is a LCC accusatory instrument?
A. An indictment
B. A superior court information
C. A felony complaint
D. None of the above

CPL 100.05

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Which is not correct?
A. A police officer can issue a simplified traffic information.
B. A prosecutor’s information is a written accusation by a DA.
C. A felony complaint must charge at least one crime.
D. A misdemeanor complaint can also charge a violation.

C (CPL 100.10) Must charge at least one felony.

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Which of the following statements is false?
A. A complaint must specify the name of the court in which it is
filed. B. The accusatory part must designate the offense(s)
charged. C. Accusatory part must contain statement by
complainant. D. A complaint must specify the title of the
action.

C (CPL 100.15) Factual part must contain statement by

complainant.

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Which is not correct? A. Simplified traffic information can charge a traffic infraction(s) and/or misdemeanor relating to traffic. B. Simplified traffic information can only be issued by a police officer. C. Simplified traffic information is filed with the LCC. D. Simplified traffic information is in a brief & simplified form.

B (CPL 100.10) Can also be issued by another authorized public servant.

Information, misdemeanor complaints and felony complaints must: 1. specify name of court filed and title of action 2. be subscribed and verified by complainant (as to factual part, based on information and belief) 3. contain an accusatory part and factual part. A. 1, 2 and 3 B. 1 and 3 only C. 2 and 3 only D. 1 and 2 only

A (CPL 100.15)

Which of the following choices is not correct? Verification of information, misdemeanor complaint, felony complaint, supporting depositions may be done: A. in court in which it is filed or before a notary public B. in front of arresting police officer C. before a desk officer in charge of police station D. before an authorized public servant.

B (CPL 100.30)

Which of following choices is not correct? An accusatory instrument is "sufficient on its face" when it: 1. conforms to the requirements of this article and 2. allegations and supporting depositions provide "proof beyond a reasonable doubt" and 3. non-hearsay allegations, if true, establish every element of offense charged. A. 3 only B. 2 and 3 only C. 2 only D. 1, 2 and 3

C (CPL 100.40)

CPL 1.20 Can a misdemeanor or felony complaint be used as the basis of prosecution?

No. Exception: misdemeanor complaint can be used as basis for prosecution if defendant consents.

CPL 1.20 A court acquires personal jurisdiction over a defendant at______

arraignment

``` A criminal trial commences with A. selection of the jury if a jury trial B. first opening address, or if none, when first witness is sworn (non-jury). C. both A and B D. none of the above ```

C (CPL 1.20)

CPL 10.10 The two types of criminal courts | are _________ and ________

local criminal courts and superior courts

CPL 30.10: Statute of limitations for B C D or E felony | is___________

5 years

CPL 100.20 A supporting deposition is filed by | ________________________

other than complainant.

CPL 1.20 The two accusatory instruments of the superior courts are _____ and _______

Indictment and superior court information

CPL 1.20 Simplified informations are used in____ courts.

local criminal

CPL 1.20 A prosecutor's information is used in ______ courts.

local criminal

CPL 1.20 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 ______

CPL 1.20 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 3 - superior court information ```

3. superior court information - because it is used after felony complaint has been filed if defendant waives indictment and DA consents.

CPL 1.20 Can a misdemeanor or felony complaint be used as the basis of prosecution?

No. Exception: misdemeanor complaint can be used as basis for prosecution if defendant consents.

CPL 1.20 T/F? All informations can serve as the basis for | prosecution.

TRUE

CPL 1.20 T/F? A prosecutor's information may charge a felony.

FALSE. Charges one or more offenses, NONE of which is a felony.

CPL 1.20 A criminal jury trial commences with the__________

selection of the jury

CPL 1.20 A criminal non jury trial commences with the | _________

first opening address, or if there is none, when the first witness is sworn.

CPL 1.20 Conviction means verdict of guilty or_______

entry of a plea of guilty

CPL 1.20 A criminal judgment is comprised of_____ | and________

conviction and sentence.

CPL 1.20 A criminal action commences with the filing of_______

the accusatory instrument

CPL 1.20 The two superior criminal courts | are ______ and _______

Supreme Court and County Court

CPL 1.20 District Court, NYC Criminal Court, and Justice Courts are what types of courts?

local criminal courts

CPL 1.20 T/F? The Court of Appeals is an intermediate appellate court.

False

CPL 1.20 When a court has authority to finally dispose of a case, it is said to have________ jurisdiction.,

Trial

CPL 1.20 T/F? Local criminal courts have trial jurisdiction over all offenses.

False (not felonies)

CPL 1.20 T/F? An appearance ticket is an accusatory instrument.

False

CPL 1.20 Which of following are accusatory instruments? 1. summons 2. warrant of arrest 3. desk appearance ticket 4. felony complaint

4. felony complaint

CPL 1.20 An appearance ticket is issued by_________

public servant

CPL 1.20 A bench warrant is issued by________

criminal court

CPL 1.20 T/F? A bench warrant is used to bring a person in for arraignment.

FALSE For some purpose other than arraignment.

CPL 1.20 T/F? A summons can be issued before an accusatory | instrument is filed.

False

CPL 1.20 T/F? Warrant of arrest can be issued only after | accusatory instrument has been filed.

True

CPL 1.20 Every accusatory instrument must be entitled, | "___________" against designated defendant.

The people of the State of New York.

CPL 1.20 T/F? For an act to be classified as an armed felony, a deadly weapon must have caused serious physical injury.

False

Which of the following choices lists at least one item that is not an accusatory instrument? A. an information and misdemeanor complaint B. felony complaint and indictment C. superior court information and prosecutor's information D. desk appearance ticket and simplified information

D (CPL 1.20)

Which of the following lists the 2 accusatory instruments of the superior courts? A. superior court information and felony complaint. B. superior court information and information. C. superior court information and indictment D. superior court information and simplified information

C (CPL 1.20)

``` An information is filed with the LCC and A. charges at least one misdemeanor. B. charges 1 or more offenses, none a felony. C. charges at least one felony. D. charges at least one petty offense, ```

B (CPL 1.20)

Conviction means: A. entry of a plea of guilty before trial B. a verdict of guilty after trial C. the filing of an indictment D. entry of a plea of guilty or a verdict of guilt

D (CPL 1.20)

``` A criminal judgment is made up of conviction plus A. release of bail. B. sentence. C. filing with DCJS. D. imposition of statutory fines ```

B (CPL 1.20)

``` Which commence a criminal action? A. misdemeanor complaint B. summons C. felony complaint and bench warrant D. warrant of arrest ```

A (CPL 1.20)

``` Which is an appellate court? A. Appellate division B. Justice Court C. Criminal Court (NYC) D. District Court ```

A (CPL 1.20)

An information must have a factual part and an accusatory part

True!

CPL 10.10 A district court is a ________ court.

local criminal

CPL 10.10 A justice court is a____court.

local criminal

CPL 10.20 The courts which have exclusive trial jurisdiction over all felonies are ________ courts.

superior courts

CPL 10.20 Local criminal courts have preliminary jurisdiction over________offenses.

all

CPL 10.20 Local criminal courts have concurrent trial jurisdiction with superior courts over all__________

misdemeanors

CPL 10.30 Local criminal courts have exclusive trial jurisdiction over__________offenses.

petty

CPL 10.30 T/F? County court judge sitting as a LCC has trial | jurisdiction over all offenses.

False

``` 1. Which of the following pairs contains two local criminal courts? A. town court and county court B. district court and justice court C. county court and district court D. justice court and court of appeals ```

B (CPL 10.10)

``` Which of the following pairs. contains two superior courts? A. town court and county court B. district court and justice court, C. county court and supreme court, D. justice court and court of appeals ```

C (CPL 10.10)

Choose the best answer: Superior courts have trial jurisdiction over all: A. misdemeanors concurrent with that of LCC. B. felonies (exclusive trial jurisdiction). C. petty offenses (when charged in an indictment). D. all of the above.,

D (CPL 10.20)

Which is not correct? A. Local criminal courts have trial jurisdiction over all offenses. B. Local criminal courts have trial jurisdiction over petty offenses. C. Local criminal courts have trial jurisdiction over misdemeanors. D. Superior courts have trial jurisdiction over petty offenses (by indictment).

A (CPL 30.30)

CPL 30.10: Statute of limitations for CLASS A felony | is___________

at any time

CPL 30.10 T/F? S/L tolls in a criminal case if defendant is outside the state or is whereabouts are unknown.

True

CPL 30.30 In felony case, motion to dismiss must be granted if people are not ready for trial after 6 month(s) of 1. arrest? 2. imprisonment? 3. filing of accusatory instrument?

3. filing of accusatory instrument

CPL 30.30 T/F? Speedy trial time requirements apply in all cases.

False

Which of the following class of offenses is not paired correctly with the period in which the accusatory instrument must be filed? A. CLASS A FELONY - at any time. B. ANY OTHER FELONY - within seven years of commission of felony. C. MISDEMEANOR - within two years of commission of misdemeanor. D. PETTY OFFENSE - within one year after commission of petty offense.

B (CPL 30.10)

When a defendant is outside NYS or his whereabouts are unknown the statute of limitation tolls (stops running): A. until he returns to state or whereabouts are known. B. for a period of four months. C. for a period not to exceed five years beyond period otherwise applicable. D. none of the above.

C (CPL 30.10)

Which of the following is false? A motion to dismiss based on speedy trial provision must be granted where the people are not ready for trial within: A. six months after filing of accusatory instrument for a felony. B. ninety days after filing of accusatory instrument (misd. over 3 months). C. fifteen days after filing of accusatory instrument charging a violation. D. sixty days after the filing of accusatory instrument (misd. = or less than 3 months).

C (CPL 30.30)

Defendant must be released on bail/ROR if people are not ready for trial within: A. 60 days of commencement of detention (for a felony). B. 45 days of commencement of detention (for misd. more than 3 months). C. 15 days of commencement of detention (for misd. 3 months or less). D. all of above

C (CPL 30.30)

Choose the best answer: A motion to dismiss based on people not being ready for trial (speedy trial) does not apply to: A. murder in the first degree. B. manslaughter in the second degree C. A only. D. both A and B.

D (CPL 30.30)

Which of the following periods for commencement of a criminal action are correct? 1. for all felonies - must be commenced within 5 years 2. for all misdemeanors - must be commenced within 1 year 3. for all petty offenses - must be commenced within 6 months A..1 only B. 2 and 3 only C. 1 and 2 only D. neither 1 nor 2 nor 3

D (CPL 30.10)

CPL 100.05 T/F? Prosecutor's information and superior court | information are filed in superior courts.

False

CPL 100.07 Criminal court and Family Court have concurrent | jurisdiction over____________

family offenses

CPL 100.10 T/F? Informations cannot serve as the basis for | prosecution.

False

CPL 100.15 The two parts of an accusatory instrument are the | _____ part and the _____ part.

accusatory & factual

``` Which is a LCC accusatory instrument? A. An indictment B. A superior court information C. A felony complaint D. None of the above ```

C (CPL 100.05)

Which is not correct? A. A police officer can issue a simplified traffic information. B. A prosecutor's information is a written accusation by a DA. C. A felony complaint must charge at least one crime. D. A misdemeanor complaint can also charge a violation.

C (CPL 100.10) Must charge at least one felony.

Which of the following statements is false? A. A complaint must specify the name of the court in which it is filed. B. The accusatory part must designate the offense(s) charged. C. Accusatory part must contain statement by complainant. D. A complaint must specify the title of the action.

C (CPL 100.15) Factual part must contain statement by complainant

Which is not correct? A. Simplified traffic information can charge a traffic infraction(s) and/or misdemeanors relating to traffic. B. Simplified traffic information can only be issued by a police officer. C. Simplified traffic information is filed with the LCC. D. Simplified traffic information is in a brief & simplified form.

B (CPL 100.10) Can also be issued by other authorized public servant

Informations, misdemeanor complaints and felony complaints must: 1. specify name of court filed and title of action 2. be subscribed and verified by complainant (as to factual part, based on information and belief) 3. contain an accusatory part and factual part. A. 1, 2 and 3. B. 1 and 3 only C. 2 and 3 only. D. 1 and 2 only

A (CPL 100.15)

B (CPL 100.30)

C (CPL 100.40)

CPL Quiz Articles 1, 10, 30, 100, 120, 160 Flashcards

(103 cards)