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Criminal Procedure Law (senior Court Clerk) > Art 1 > Flashcards

Art 1 Flashcards

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1
Q

CPL 1.20

A felony complaint is filed in ______

A

Lower criminal court

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2
Q

CPL 1.20

A misdemeanor complaint is filed in ____

A

Lower criminal court

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3
Q

CPL 1.20
____ means the appearance in court of a defendant after an accusatory instrument has been filed for the purpose of the court acquiring personal jurisdiction over a defendant

A

Arraignment

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4
Q

CPL 1.20

A verdict is the announcement by the jury of its decision upon defendants guilt or innocence (after a jury trial) or ___

A

Court (after a non jury trial)

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5
Q

CPL 1.20
T/F
The district court is a superior court.

A

False.

The district court is a local criminal court.

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6
Q

CPL 1.20
A ___ means any written notice issued by a public servant, requiring a person to appear before a lower criminal court in connection with an accusatory instrument filed by which a criminal action has already been commenced.

A

Summons

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7
Q

CPL 1.20

What type of “information” does not commence a criminal action?

A

Superior court information

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8
Q

CPL 1.20

Why is a superior court information?

A

Because it is used after felony complaint has been filed if defendant waives indictment and DA consents.

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9
Q

CPL 1.20

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

A

No.

Exception: a misdemeanor complaint can be used as a basis for prosecution only if defendant consents.

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10
Q

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

A

True

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11
Q

CPL 1.20
T/F
A prosecutors information may charge a felony.

A

False.

A prosecutors information charges one or more offenses, NONE of which is a felony.

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12
Q

CPL 1.20

A court acquired personal jurisdiction over a defendant at ___

A

Arraignment

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13
Q

CPL 1.20

A criminal jury trial commences with the ___

A

Selection of the jury

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14
Q

CPL 1.20

A criminal non-jury trial commences with the ____

A

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

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15
Q

CPL 1.20

Conviction means verdict of guilty or ___

A

Entry of a guilty plea

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16
Q

CPL 1.20

A criminal judgment is comprised of ___

A

Conviction and sentence

17
Q

CPL 1.20

A criminal action commences with the filing of ____

A

The accusatory instrument

18
Q

CPL 1.20

The two superior criminal courts are ___

A

Supreme Court and the county court

19
Q

CPL 1.20

District court, NYC criminal court and justice courts are ___

A

Lower criminal courts

20
Q

CPL 1.20
T/F
The court of appeals is an intermediate appellate court

A

False. It is the highest court in NYS.

21
Q

CPL 1.20

When a court has authority to finally dispose of a case, it is said to have ___ jurisdiction

A

Trial

22
Q

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

A

False. Local criminal courts do not have trial jurisdiction over felonies.

23
Q

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

A

False. An appearance ticket is not one of the 7 accusatory instruments.

24
Q

CPL 1.20

An appearance ticket is issued by ___

A

A public servant

25
Q

CPL 1.20

A bench warrant is issued by ___

A

Criminal court

26
Q

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

A

False. A bench warrant is used to bring a person at a time after he has been arraigned.

27
Q

CPL 1.20
T/F
A summons can be issued before an accusatory instrument has been filed.

A

False. A summons is issued after an accusatory instrument is filed.

28
Q

CPL 1.20
T/F
A warrant of arrest can be issued only after accusatory instrument is filed.

A

True

29
Q

CPL 1.20

Every accusatory instrument must be entitled with “___” against designated defendant

A

The people of the state of NY

30
Q

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

A

False. For an act to be classified as an armed felony, a deadly weapon need not have caused serious physical injury.

31
Q

CPL 1.20

The two accusatory instruments of the superior courts are ___ and ____

A

Indictment and superior court information

32
Q

CPL 1.20

Simplified informations are used in ___

A

Local criminal courts

33
Q

CPL 1.20

A prosecutors information is used in ___

A

Local criminal courts

34
Q

CPL 1.20

Informations filed by a police officer or other public servant are called ___

A

Simplified informations

35
Q

CPL 1.20

A superior court information is filed by the ___

A

District attorney

36
Q

CPL 1.20

Misdemeanor complaint charges one or more offenses; at least a one must be ___

A

Misdemeanor

Criminal Procedure Law (senior Court Clerk) (7 decks)

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