Accusatory Instruments Basic Blast

Question 1

What are the seven accusatory instruments?

Answer 1

1. Indictment
2. Superior Court Information (SCI)
3. Information
4. Simplified information
5. Prosecutor’s Information
6. Misdemeanor Complaint
7. Felony Complaint

Question 2

Which accusatory instruments are filed in the Superior Court?

Answer 2

1. Indictment
2. Superior Court Information (SCI)

Question 3

Which accusatory instruments are filed in the Local Criminal Courts?

Answer 3

1. Information
2. Simplified Information
3. Prosecutor’s Information
4. Misdemeanor Complaint
5. Felony Complaint

Question 4

NAME THAT ACCUSATORY INSTRUMENT:
A written accusation by a GRAND JURY, filed with a SUPERIOR COURT which charges one or more defendants, with the commission of one or more offenses, at least one of which is a CRIME and serves as a BASIS FOR PROSECUTION

Answer 4

Indictment

Question 5

NAME THAT ACCUSATORY INSTRUMENT:
A written accusation by a DISTRICT ATTORNEY, filed with a SUPERIOR COURT which charges one or more defendants, with the commission of one or more offenses, at least one of which is a CRIME and serves as a BASIS FOR PROSECUTION

Answer 5

Superior Court information

Question 6

NAME THAT ACCUSATORY INSTRUMENT:
A verified written accusation by a PERSON, filed with a LOCAL CRIMINAL COURT, which charges one or more defendants, with the commission of one or more offenses, NONE OF WHICH IS A FELONY, and which may serve to both COMMENCE a criminal action and as a BASIS FOR PROSECUTION

Answer 6

Information

Question 7

NAME THAT ACCUSATORY INSTRUMENT:
This is a general name, which encompasses a SIMPLIFIED TRAFFIC INFORMATION, SIMPLIFIED PARKS INFORMATION AND SIMPLIFIED ENVIRONMENTAL CONSERVATION INFORMATION, prescribed by the commissioners of motor vehicles, parks, and environmental conservation respectively. They are all in brief and simplified form, cannot charge a FELONY and may serve to both COMMENCE a criminal action and as a BASIS FOR PROSECUTION

Answer 7

Simplified information

Question 8

NAME THAT ACCUSATORY INSTRUMENT:
A written accusation by a DISTRICT ATTORNEY, filed with a LOCAL CRIMINAL COURT, which charges one or more defendants, with the commission of one or more offenses, NONE OF WHICH IS A FELONY, and which serves as a BASIS FOR PROSECUTION, Take note: As seen in CPL 100.10, it can commence a criminal action, but only upon the direction of the grand jury OR THE DA’S OWN INSTANCE that it be filed in a case not previously commenced in a local criminal court

Answer 8

Prosecutor’s information

Question 9

NAME THAT ACCUSATORY INSTRUMENT:
A verified written accusation by a PERSON, filed with a LOCAL CRIMINAL COURT, which charges one or more defendants, with the commission of one or more offenses, at least one of which is a MISDEMEANOR and NONE OF WHICH IS A FELONY, and which may COMMENCE a criminal action only, but which may not, except with THE DEFENDANT’S CONSENT serve as a BASIS FOR PROSECUTION

Answer 9

Misdemeanor complaint

Question 10

NAME THAT ACCUSATORY INSTRUMENT:
A verified written accusation by a PERSON, filed with a LOCAL CRIMINAL COURT, which charges one or more defendants, with the commission of one or more FELONIES, which serves to COMMENCE a criminal action but is not a basis for PROSECUTION

Answer 10

Felony Complaint

Question 11

Name the three types of informations that encompass simplified informations:

Answer 11

SIMPLIFIED TRAFFIC INFORMATION, SIMPLIFIED PARKS INFORMATION AND SIMPLIFIED ENVIRONMENTAL CONSERVATION INFORMATION

Question 12

Which accusatory instrument(s) can never serve as a basis for prosecution?

Answer 12

Felony Complaint

Question 13

Which accusatory instrument can serve as basis for prosecution ONLY with the defendant’s consent?

Answer 13

Misdemeanor complaint

Question 14

All accusatory instruments regardless of the person deemed the accuser MUST be entitled:

A. The People of (the county where offense occurred) against (the person named as the defendant)
B. The People of these United States against (the person named as the defendant)
C. The People of the State of New York against (the person named as the defendant)
D. The (Name of the Court) against the (the person named as the defendant)

Answer 14

C. The People of the State of New York against (the person named as the defendant)