190 The Grand Jury and Its Proceedings

Question 1

CPL 190.05
Select the correct answer. The grand jury is:
(a) a part of the district attorney’s office
(b) a part of the county clerk’s office
(c) a part of the office of commissioner of jurors
(d) a part of a superior court.

Answer 1

Answer: (d)
Choice (d) is correct (CPL 190.05).

Question 2

CPL 190.05, 190.60
Select all correct answers.
Among the functions of a grand jury are:
(a) to convict
(b) to hear the evidence presented by the prosecutor
(c) to decide whether the evidence submitted is enough to justify indictment of a defendant
(d) to examine evidence concerning neglect in public office, even though no crime has been committed.

Answer 2

Answers: (b), (c) and (d)
Choices (b), (c) and (d) are correct (CPL 190.05, 190.60).

Question 3

CPL 190.05, 190.25
Select the correct answer.
A grand jury to be validly constituted and legally sufficient must be composed of:
(a) at least twenty-three persons with at least twelve present at each sitting
(b) at least sixteen persons with at least twelve present at each sitting
(c) not more than sixteen persons at any sitting where a vote is taken
(d) not more than twenty-three persons with at least sixteen present at each sitting.

Answer 3

Answer: (d)
Choice (d) is correct (CPL 190.05, 190.25).

Question 4

CPL 190.10
Select the correct answer.
The authority to promulgate rules regarding the number and the terms for which grand jurors are drawn (other than extraordinary terms) is given by CPL to the:
(a) appellate division in each department
(b) supreme court
(c) county clerk
(d) court of appeals.

Answer 4

Answer: (a)
Choice (a) is correct (CPL 190.10). Appellate division in each department

Question 5

CPL 190.20-1
Select the correct answer.
The mode of selection of jurors and their drawing and impaneling for grand jury service is governed by:
(a) the judge presiding
(b) the district attorney
(c) the judiciary law
(d) the county clerk.

Answer 5

Answer: (c)
Choice (c) is correct (CPL 190.20-1) The judiciary law

Question 6

CPL 190.20-3
Select the correct answer.
After a grand jury has been impaneled:
(a) the court appoints a foreman, acting foreman and secretary of the grand jury
(b) the court appoints a foreman and acting foreman, and the jurors choose a secretary
(c) the court appoints a foreman, and the jurors choose an acting foreman and secretary
(d) the jurors choose a foreman, acting foreman and secretary.

Answer 6

Answer: (b)
Choice (b) is correct (CPL 190.20-3) The court appoints a foreman and acting foreman, and the jurors choose a secretary

Question 7

CPL 190.20-5
Select the correct answer.
Oral and written instruction given by the court to the grand jury after the grand jury is sworn:
(a) is frowned upon by recent decisions
(b) is required and prescribed by CPL
(c) is discretionary with the court
(d) is given only after the grand jury has heard relevant testimony.

Answer 7

Answer: (b)
Choice (b) is correct (190.20-5). Is required and prescribed by CPL

Question 8

CPL 190.20-6
Select the correct answer.
When more than one grand jury is impaneled for the same term of court, jurors may be transferred from one panel to another:
(a) by the court
(b) by the grand jury foremen
(c) by the district attorney
(d) in no case.

Answer 8

Answer: (a)
Choice (a) is correct (CPL 190.20-6). By the court

Question 9

CPL 190.25-2
Which one of the following statements concerning the grand jury is true?
(a) The mode of selecting grand jurors and of drawing and impaneling grand jurors is governed by the discretion of the presiding judge
(b) The grand jury is the exclusive judge of the law with respect to any matter before it
(c) The district attorney and the official stenographer are always permitted at all of the grand jury’s proceedings
(d) Any grand juror may administer an oath to any witness appearing before the grand jury.

Answer 9

Answer: (d)
Choice (d) is correct (CPL 190.25-2).
Choice (a) is incorrect, as it is the judiciary law which governs this (CPL 190.20-1).
Choice (b) is incorrect, as the grand jury is the exclusive judge of the facts but their legal advice may be received only from the court or district attorney (CPL 190.25-5, 6).
Choice (c) is incorrect because during their deliberation and voting, only the grand jurors may be present (CPL 190.25-3).

Question 10

CPL 190.25-1
Select the correct answer.
An affirmative action of the grand jury, such as an indictment, requires the concurrence of at least:
(a) nine members
(b) twelve members
(c) fourteen members
(d) sixteen members.

Answer 10

Answer: (b)
Choice (b) is correct (CPL 190.25-1)

12 MEMBERS

Question 11

CPL 190.25-3-a
Select the correct answer.
Which of the following persons may be present in the grand jury room at any time:
(a) the district attorney and the grand jurors
(b) an interpreter for a deaf or hearing-impaired grand juror
(c) a stenographer authorized to record the proceedings of the grand Jury
(d) only the grand jurors.

Answer 11

Answer: (b)
Choice (b) is correct (CPL 190.25-3-a).
A sign language interpreter must be provided upon the request of a deaf or hearing-impaired grand juror, and the interpreter, after being duly sworn, shall be present during all proceedings, including deliberation and voting.

Question 12

CPL 190.30-2, 5
Select the correct answer.
The New York City Medical Examiner has prepared a report on his examination of a murder victim. A grand jury is considering evidence in this case. As to this, select the correct statement:
(a) The grand jury may accept the Medical Examiner’s certified written report as evidence of the facts it contains, but they are not required to do so
(b) The Medical Examiner’s report must be presented personally to the grand jury by the Medical Examiner
(c) The grand jury may accept the Medical Examiner’s certified written report without limitation as to the manner of the delivery
(d) CPL does not contain limitations concerning the transmittal of a certified written report, in this situation.

Answer 12

Answer: (a)
Choice (a) is correct (CPL 190.30-2, 5).
Choice (b) is incorrect, because the grand jury may accept a certified written report under particular circumstances, without the Medical Examiner’s personal appearance.
Choice (c) is incorrect, as is choice (d), because CPL 190.30 contains limitations relating to electronic transmittal of such a report

Question 13

CPL 190.30-3(d)
Select the correct answer.
The victim of an auto larceny has stated under oath that he is the owner of the vehicle in question and did not give permission to anyone to use the auto. This statement:
(a) may not be received in evidence by the grand jury
(b) may be received in evidence by the grand jury as evidence of the facts therein
(c) may be received in evidence by the grand jury only to contradict the victim’s prior statements
(d) may be received in evidence by the grand jury only if court approval is obtained.

Answer 13

Answer: (b)
Choice (b) is correct [CPL 190.30-3(d)]. This provision saves time for grand juries and owners of stolen vehicles. Similar provisions exist for statements under oath on ownership of a premises, property, credit cards, etc.

Question 14

CPL 190.32
Select the correct answer.
A “special witness” is a person whom the district attorney intends to call as a witness in a grand jury proceeding and who is:
(a) any person less than twelve years old
(b) any person more than twelve years old
(c) unable to testify in person because of a physical illness
(d) less than twelve years old, and likely to suffer very severe emotional or mental stress.

Answer 14

Answer: (c)
Choice (c) is correct (CPL 190.32). A “special witness” must be either unable to attend in person because of physical illness or incapacity, or more than twelve and likely to suffer severe emotional or mental stress if required to testify in person concerning specified crimes.

Question 15

CPL 190.32-l(a)
Select the correct answer.
A “child witness” in a grand jury proceeding must be:
(a) nine years old or less
(b) ten years old or less
(c) eleven years old or less
(d) twelve years old or less.

Answer 15

Answer: (d)
Choice (d) is correct [CPL 190.32-l(a)].

Twelve years old or less

Question 16

CPL 190.30-3(d)
Select the correct answer.
The victim of an auto larceny has stated under oath that he is the owner of the vehicle in question and did not give permission to anyone to use the auto. This statement:
(a) may not be received in evidence by the grand jury
(b) may be received in evidence by the grand jury as evidence of the facts therein
(c) may be received in evidence by the grand jury only to contradict the victim’s prior statements
(d) may be received in evidence by the grand jury only if court approval is obtained.

Answer 16

(b) may be received in evidence by the grand jury as evidence of the facts therein

Question 17

CPL 190.32-3, 4
Select the correct answer.
The grand jury may receive as evidence:
(a) signed statements of any witness
(b) by court order, the testimony of a special witness on videotape
(c) by court order, videotapes of any witness in the case
(d) only witnesses who testify in person.

Answer 17

Answer: (b)
Choice (b) is correct (CPL 190.32-3, 4).

By court order, the testimony of a special witness on videotape

Question 18

CPL 190.40
Select the correct answer.
A witness who gives evidence in a grand jury proceeding:
(a) receives complete immunity, in all situations
(b) never receives immunity
(c) receives immunity for his testimony, but may be prosecuted for the crime based on other evidence
(d) receives immunity for the crime he is questioned about if he testifies truthfully.

Answer 18

Answer: (d)
Choice (d) is correct (CPL 190.40). This is known as “transactional immunity” which immunizes the witness completely as to the “transaction”

Question 19

CPL 190.45
Select all correct answers.
In a grand jury proceeding:
(a) the witness is entitled to confer with counsel
(b) a waiver of immunity must be in writing
(c) the witness is entitled to reasonable time to obtain and confer with counsel
(d) the witness must be informed by the district attorney of his rights before he waives immunity.

Answer 19

Answers: (a), (b), (c) and (d)
Choices (a), (b), (c) and (d) are correct (CPL 190.45).

Question 20

CPL 190.50
Select the correct answer.
When a person is the subject of a criminal charge which is being or about to be considered by a grand jury, he may:
(a) appear as a witness in his own behalf only if the grand jury wishes to hear him
(b) appear as a witness in his own behalf as a matter of right if he signs a waiver of immunity, and call other witnesses in his own behalf as a matter of right
(c) appear as a witness in his own behalf at the discretion of the grand jury, but he has an absolute right to call other witnesses in his defense
(d) appear himself as a matter of right if he signs a waiver of immunity, and he may call other witnesses in his own behalf only at the discretion of the grand jury.

Answer 20

Answer: (d)
Choice (d) is correct (CPL 190.50).

Question 21

CPL 190.50-2
Select the correct answer.
The district attorney may call as a witness in a grand jury proceeding:
(a) anyone other than the accused
(b) only witnesses approved by the grand jury
(c) anyone believed by the district attorney to possess relevant information
(d) only witnesses approved by the court.

Answer 21

Answer: (c)
Choice (c) is correct (CPL 190.50-2).

Anyone believed by the district attorney to possess relevant information

Question 22

CPL 190.50-3
Select the correct answer.
If the grand jury directs the district attorney to serve a grand jury subpoena upon a witness:
(a) the court may vacate such subpoena upon application by the district attorney to do so
(b) the district attorney may vacate such subpoena
(c) no one may vacate such subpoena
(d) the witness may refuse to testify.

Answer 22

Answer: (a)
Choice (a) is correct (CPL 190.50-3).

The court may vacate such subpoena upon application by the district attorney to do so

Question 23

CPL 190.50-5, 6
Select the correct answer.
When a grand jury is considering criminal charges against a person who wishes to appear before it, and he executes a waiver of immunity and notifies the grand jury that he wishes to testify, the grand jury:
(a) must hear him
(b) in their discretion may hear him
(c) must hear him and witnesses in his behalf
(d) in their discretion may hear him and witnesses in his behalf.

Answer 23

Answer: (a)
Choice (a) is correct (CPL 190.50-5, 6).

MUST HEAR HIM

Question 24

CPL 190.52
Select the correct answer.
The attorney for a witness who has signed a waiver of immunity in a grand jury proceeding:
(a) may cross-examine other witnesses
(b) may call and question other witnesses
(c) may question only his client as a witness
(d) may only advise his client as a witness.

Answer 24

Answer: (d)
Choice (d) is correct (CPL 190.52).

May only advise his client as a witness.

Question 25

CPL 190.60
Select the correct answer.
The actions that may be taken by a grand jury include:
1. to indict
2. to dismiss the charge
3. to direct the district attorney to file a prosecutor’s information
4. to submit a grand jury report concerning conduct in public office by a public servant
(a) 1 and 2, only
(b) 1, 2 and 3, only
(c) 1, only
(d) 1, 2, 3 and 4.

Answer 25

Answer: (d)
Choice (d) is correct (CPL 190.60).

Question 26

CPL 190.65
Select the correct answer.
At a grand jury hearing, the evidence must be legally sufficient and provide:
(a) proof of guilt beyond a reasonable doubt
(b) reasonable cause to believe that the person committed the offense
(c) proof by a fair preponderance of the evidence
(d) probable cause for a grand jury to indict.

Answer 26

Answer: (b)
Choice (b) is correct (CPL 190.65).

Question 27

CPL 190.65-2
Select the correct answer.
A grand jury which is examining and hearing evidence in connection with a misdemeanor charge may:
(a) not indict the defendant for a felony
(b) only indict for a felony if authorized by the court which impaneled the grand jury
(c) indict the defendant for a felony
(d) only indict for a felony if authorized by the court which impaneled the grand jury and upon the defendant’s consent.

Answer 27

Answer: (c)
Choice (c) is correct (CPL 190.65-2). Grand jury may indict the defendant for a felony if the evidence so warrants.

Question 28

CPL 190.75-3
Select the correct answer.
When a grand jury dismisses a charge:
(a) it cannot be resubmitted to another grand jury
(b) the court may, in its discretion, authorize its resubmission to the same or another grand jury
(c) it cannot be resubmitted to the same grand jury, but may be submitted to another
(d) if the district attorney decides to resubmit the charge to another grand jury he may do so without court approval.

Answer 28

Answer: (b)
Choice (b) is correct (CPL 190.75.3). If on resubmission to the same or another grand jury the charge is again dismissed, it may not be submitted again to a grand jury.

Question 29

CPL 190.75-4
Select the correct answer.
When a grand jury has dismissed all charges against a person:
(a) the court must notify such person within ninety days
(b) the grand jury must notify such person within sixty days
(c) the court must notify such person within sixty days
(d) the district attorney must notify such person within ninety days.

Answer 29

Answer: (d)
Choice (d) is correct (CPL 190.75-4).

Question 30

CPL 190.80
Select the correct statement as to an adult defendant in custody, held on a felony complaint awaiting grand jury action:
(a) He may be held in custody for up to ninety days without grand jury action but must then be released on his own recognizance
(b) He may be held in custody for up to sixty days without grand jury action but must then be released on his own recognizance
(c) He must be released on his own recognizance by superior court order after thirty days have elapsed without grand jury action
(d) He must be released on his own recognizance by superior court order after forty-five days have elapsed without grand jury action.

Answer 30

Answer: (d)
Choice (d) is correct (CPL 190.80).

He must be released on his own recognizance by superior court order after forty-five days have elapsed without grand jury action.