Art 110 + 120 Flashcards

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1
Q

CPL 110.20
Other than in NYC, if a police or peace officer is complainant or filer of a simplified information or has arrested defendant or has brought defendant to LCC in behalf of arresting person then ____ shall transmit a copy of accusatory instrument to DA.

A

Such officer or his agency

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2
Q

CPL 110.10
T\F
Person cannot be compelled to appear in LCC unless an accusatory instrument has been filed.

A

False. A person may be compelled to appear by arrest without a warrant or desk appearance ticket.

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3
Q

CPL 110.10

A warrant of arrest and a summons are issued ____(before or after) the filing of an accusatory instrument.

A

After

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4
Q

CPL 110.20
T\F
A desk appearance ticket is issued after the filing of an accusatory instrument.

A

False. An appearance ticket is issued before filing of an accusatory instrument.

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5
Q

CPL 110.20

What is the purpose of a warrant of arrest( issued after the filing of an accusatory instrument)?

A

to bring the defendant to court for arraignment.

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6
Q

CPL 120.20
T/F
Upon request of DA, court may authorize DA to direct defendant to appear for arraignment if it is satisfied defendant will do so (instead of issuing a warrant of arrest or summons.)

A

True

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7
Q

CPL 120.90
When a juvenile offender is arrested, the arresting officer must immediately notify the parent or other person legally responsible for his care or ___

A

The person with whom he is domiciled

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8
Q

CPL 120.30

A warrant of arrest is issued by the court where ___

A

The accusatory instrument has been filed

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9
Q

CPL 120.55
T\F
A probation or parole officer can not execute a warrant of arrest.

A

False. A probation or parole officer can execute a warrant of arrest if defendant is on probation or on parole.

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10
Q

CPL 120.70

A warrant of arrest issued by a district court may be executed ____

A

Anywhere in the state

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11
Q

CPL 120.80

When may a warrant be executed?

A

24/7

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12
Q

CPL 120.20
T\F
A warrant of arrest is issued before the filing of an accusatory instrument

A

False. A warrant of arrest is issued after filing of an accusatory instrument.

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13
Q

CPL 120.10
T/F
A warrant of arrest contains the date of commission of the offense.

A

False. A warrant of arrest contains the date of issuance of the warrant.

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14
Q

CPL 120.20
T/F
Where the offense charged is a simplified traffic infraction, A warrant of arrest may be issued after the filing of the accusatory instrument

A

False. A warrant of arrest may not be issued for a simplified traffic infraction.

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