Article 1 Short Title, Applicability and Definitions

Question 1

CPL 1.10-2
Select the correct answer. CPL applies to:
(a) all criminal actions and proceedings
(b) only those criminal actions and proceedings commenced before but still pending on the effective date of CPL
(c) all criminal actions and proceedings commenced before but still pending on the effective date of CPL, provided that application of the provisions would not work injustice
(d) only appeals and other post-judgment proceedings commenced on or after the effective date of CPL.

Answer 1

(c)
Choice (c) is correct (CPL 1.10-2). It follows the language of the section.
The effective date of CPL is September 1, 1971. While it is unlikely at this point that criminal actions and proceedings commenced before that date would still be pending, the question has been used in the interest of full coverage.

Question 2

CPL 1.20-1
Select the correct answer.
Accusatory instruments are used on behalf of the State as plaintiff to charge:
(a) all offenses
(b) only crimes
(c) only felonies
(d) felonies, and only those misdemeanors set forth in the Penal Law.

Answer 2

(a)
Choice (a) is correct (CPL 1.20-1). An “offense” is defined by Penal Law 10.00-1 to mean conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of the State, or by any law, local law or ordinance of a political subdivision of this State, or by any order, rule or regulation of any authorized governmental instrumentality. Accusatory instruments in some form are used for all offenses.

Question 3

CPL 1.20-1
Select all correct answers.
Accusatory instruments include:
(a) indictments and warrants of arrest
(b) felony complaints and a prosecutor’s information
(c) grand jury statements and superior court orders
(d) misdemeanor complaints and indictments.

Answer 3

(b) and (d)
Choices (b) and (d) are correct (CPL 1.20-1).
Choice (a) is incorrect because a warrant of arrest is not an accusatory instrument. When issued, warrant of arrest is based on an accusatory instrument (CPL 120.10-1).
Choice (c) uses terms which are neither defined in CPL nor relevant to accusatory instruments.

Question 3

CPL 1.20-1
Select the correct answer.
The State is designated as the plaintiff in every accusatory instrument:
(a) unless the defendant is a corporation
(b) unless the action is prosecuted by the attorney general rather than by a district attorney
(c) unless the accusatory instrument is a misdemeanor complaint
(d) without exception.

Answer 3

(d)
Choice (d) is correct (CPL 1.20-1). There are no exceptions. The victim of a crime may be a plaintiff in a civil action arising from the crime, but in a criminal action the State as plaintiff seeks to enforce the criminal law on behalf of “the people” of the State.

Question 3

CPL 1.20(1)(b)
An appearance ticket or a parking infraction must contain which of the following:
I. time and place of infraction
II. license plate
III. make and model of vehicle
IV. body type of vehicle
a. I. and II. only
b. II and III. only
c. I., II. and III. only
d. I., II., III. and IV.

Answer 3

(d)
CPL1.20(1)(b) requires all four elements.

Question 4

CPL 1.20-2
Select all correct answers.
“Local criminal court accusatory instruments” include:
(a) indictments
(b) felony complaints
(c) superior court informations
(d) misdemeanor complaints.

Answer 4

(b) and (d)
Choices (b) and (d) are correct (CPL 1.20-2, 3, 3a).

Choices (a) and (c) are incorrect because both of these accusatory instruments are used only in superior courts.

Question 5

CPL 1.20-3
Select the correct answer.
An indictment is an accusation by:
(a) a prosecutor
(b) a grand jury
(c) a judge
(d) a police officer.

Answer 5

(b)
Choice (b) is correct (CPL 1.20-3).
An indictment results only from the vote of a grand jury.

Question 6

CPL 1.20-3
Select the correct answer.
Which of the following relate to an indictment?
1. It is a written accusation
2. It is an accusation by a district attorney
3. It is filed with a superior court
4. It only concerns felonies
(a) 1 is correct, 2, 3 and 4 are not
(b) 2 and 4 are correct, 2 and 3 are not
(c) 1 and 3 are correct, 2 and 4 are not
(d) 1, 2 and 3 are correct, 4 is not.

Answer 6

(c)
Choice (c) is correct (CPL 1.20-3), based on the accuracy of statements 1 and 3.

Question 7

CPL 1.20-3
Select all correct answers.
An indictment is filed with a superior court in order to:
(a) charge one or more defendants with a crime
(b) alert a grand jury to the possible offenses or crimes
(c) commence a criminal action, in all cases
(d) serve as a basis for prosecution of a crime.

Answer 7

Answers: (a) and (d)
Choices (a) and (d) are correct (CPL 1.20-3).

Question 8

CPL 1.20-3a
Select the correct answer.
A superior court information is classified in CPL as:
(a) an indictment determined by a district attorney
(b) an information charging a crime, filed by a judge
(c) a written accusation by a district attorney, filed with a superior court, which charges a defendant with the commission of one or more offenses at least one of which is a crime
(d) a prosecutor’s accusatory instrument filed with a superior court, which charges a defendant with the commission of one or more offenses, none of which is a crime.

Answer 8

(c)
Choice (c) is correct (CPL l.20-3a).

Under CPL Article 195, if a defendant consents, the district attorney may file a superior court information which takes the place of an indictment as an accusatory instrument. The superior court information avoids grand jury consideration of a case, and it has the same force and effect as an indictment.

Question 9

CPL 1.20-3a
Select the correct answer.
A “superior court information” is similar in legal effect to an indictment except that a “superior court information” is filed by:
(a) a grand jury
(b) a district attorney
(c) a superior court
(d) an arresting officer.

Answer 9

(b)
Choice (b) is correct (CPL l.20-3a).
A superior court information has the same force and effect as an indictment, and is filed with a superior court by a district attorney.

Question 10

CPL 1.20-4
Select the correct answer.
An information in a local criminal court is:
(a) an unverified written accusation by a person
(b) a verified written accusation by a person
(c) a verified oral accusation by a person
(d) a verified written accusation which can be made only by a district attorney.

Answer 10

(b)
Choice (b) is correct (CPL 1.20-4).
Verification of an information is covered by CPL 100.30. Basically it means “sworn to.”

Question 11

CPL 1.20-4
Select the correct answer. An information may serve:
(a) both to commence a criminal action and as a basis for prosecution
(b) both to commence a criminal action and to charge one or more defendants with a felony
(c) only to commence a criminal action
(d) only to serve as a basis for prosecution.

Answer 11

(a)
Choice (a) is correct (CPL 1.20-4).
An information may serve both purposes.

Question 12

CPL 1.20-6
Select the correct answer.
A “prosecutor’s information” can charge a defendant with a:
(a) class A misdemeanor and class B felony
(b) traffic infraction and class A felony
(c) traffic infraction
(d) class C felony.

Answer 12

(c)
Choice (c) is correct (CPL 1.20-6).
A prosecutor’s information cannot be used for a felony, thus eliminating choices (a), (b) and (d).

Question 13

CPL 1.20-7
Select the correct answer.
A misdemeanor complaint can charge one or more defendants with:
(a) only misdemeanors
(b) any offense, with at least one being a crime
(c) a felony
(d) any offense, with at least one being a crime, but none being a felony.

Answer 13

(d)
Choice (d) is correct (CPL 1.20-7).
A misdemeanor complaint can charge one or more offenses, provided that at least one is a misdemeanor and none is a felony.

Question 14

CPL 1.20-8
Select the correct answer. A felony complaint:
(a) is filed with any criminal court
(b) serves to commence a criminal action, but may not, except upon the defendant’s consent, serve as a basis for prosecution
(c) is a written accusation by a person, filed with a local criminal court, that charges a defendant with a felony but does not serve to commence a criminal action
(d) can serve to commence a criminal action but may not serve as a basis for the prosecution of that action.

Answer 14

(d)
Choice (d) is correct (CPL 1.20-8).
A felony complaint is filed only with a local criminal court, cannot serve as a basis for prosecution and serves to commence a criminal action.

Question 15

CPL 1.20-9
Select the correct answer.
Arraignment refers to a defendant’s appearance in:
(a) the court which will conduct a trial, only
(b) the court in which the criminal action is pending
(c) only the first court in which the defendant is produced
(d) any court which will decide, without a jury, defendant’s guilt or innocence, only.

Answer 15

(b)
Choice (b) is correct (CPL 1.20-9). An arraignment is held for the court to acquire and exercise control over defendant’s person and to set the course of further proceedings. Basically this refers to defendant’s bail status, having a lawyer, and setting a date for further proceedings.

Question 16

CPL 1.20-11
Select the correct answer. Jury trial commences:
(a) when first witness is sworn
(b) when first opening address is made
(c) when the judge announces that the case is on trial
(d) with selection of the jury.

Answer 16

(d)
Choice (d) is correct (CPL 1.20-11). Selection of the jury.

Question 17

CPL 1.20-11,13 & 14
Select all correct answers.
Defendant is arrested and charged with a felony. He demands a jury trial. Which of the following is a part of the jury trial?
(a) Opening statements
(b) Sentence
(c) Selection of jurors
(d) Witnesses being sworn at trial.

Answer 17

Answers: (a), (c) and (d)
Choices (a), (c) and (d) are correct (CPL 1.20-11, 13, 14). “A jury trial commences with the selection of the jury and includes all further proceedings through the rendition of a verdict.” Sentence follows upon a verdict of conviction, and is therefore not part of a jury trial.

Question 18

CPL 1.20-13
Select the correct answer.
Which one of the following constitutes a conviction?
(a) The imposition and entry of sentence following the entry of a plea of guilty or a verdict of guilty
(b) The entry of a plea of guilty upon a felony complaint
(c) The announcement by the court of any order adverse to the defendant
(d) The entry of a plea of guilty upon an indictment.

Answer 18

Answer: (d)
Choice (d) is correct (CPL 1.20-13).

Question 19

CPL 1.20-16, 17
Select the correct answer.
John is caught while committing a felony. He is arrested and processed through a court. The criminal action commences, according to CPL, when:
(a) John is arrested
(b) John committed the crime
(c) John is indicted by a vote of a grand jury
(d) the first accusatory instrument is filed against him.

Answer 19

(d)
Choice (d) is correct (CPL 1.20-16, 17).
CPL provides that a criminal action commences with the filing of an accusatory instrument.

Question 20

CPL 1.20-24, 25
Select the correct answer.
(a) A court can have preliminary jurisdiction or trial jurisdiction but it cannot have both
(b) Only a court having trial jurisdiction can hear witnesses in support of an accusatory instrument
(c) Preliminary jurisdiction means that all criminal cases must be screened by a hearing in one court before moving on to another court having trial jurisdiction
(d) Trial jurisdiction means basically the authority of a court to make a final disposition of a case on its merits.

Answer 20

(d)
Choice (d) is correct (CPL 1.20-24, 25).

Question 21

CPL 1.20-26
Select the correct answer, based on the following statements relating to an appearance ticket:
1. It must be in writing
2. It may be issued only by a police officer
3. It may require defendant to appear in any criminal court
4. It cannot be used for a felony
(a) only 1 is correct
(b) 1 and 2 are correct, 3 and 4 are not
(c) 1, 2 and 3 are correct, 4 is not
(d) 1, 2, 3 and 4 are correct.

Answer 21

Answer: (a)
Choice (a) is correct (CPL 1.20-26, Article 150).
Statement 2 is incorrect because other public servants may be authorized to issue appearance tickets (CPL 150.10).
Statement 3 is incorrect because an appearance ticket directs appearance in a designated local criminal court.
Statement 4 is incorrect because an appearance ticket may be used for certain class E felonies (CPL 150.20-2).

Question 22

CPL 1.20-27
Select the correct answer.
A “summons” in a criminal action is served upon:
(a) an alleged offender requiring him to appear for trial
(b) a defendant who has not yet been charged with any offense
(c) a defendant against whom a criminal action has commenced
(d) a witness whose attendance is required at a trial.
Answer _____

Answer 22

Answer: (c)
Choice (c) is correct (CPL 1.20-27).
A summons requires a defendant to appear for arraignment, is based upon a filed accusatory instrument and is not used for a witness.

Question 23

CPL 1.20-27
Select the correct answer.
A process of a local criminal court requiring a defendant to appear before it for arraignment upon a filed accusatory instrument by which a criminal action was commenced is known as:
(a) a subpoena
(b) an appearance ticket
(c) a summons
(d) a bench warrant.

Answer 23

Answer: (c)
Choice (c) is correct (CPL 1.20-27).

A summons

Question 24

CPL 1.20-27
Select the correct answer:
A summons may be issued by:
(a) a local criminal court, only
(b) a superior court, only
(c) a local or superior court
(d) a police officer.

Answer 24

(c)
Choice (c) is correct (CPL 1.20-27).

A local or superior court may issue a summons

Question 25

CPL 1.20-28
Select the correct answer.
Police have probable cause to believe Joe has committed a crime. They apply to a local criminal court for a court order which directs a police officer to arrest Joe, and bring him in for arraignment upon a filed accusatory instrument. This order is called a:
(a) bench warrant
(b) prosecutor’s warrant
(c) warrant of arrest
(d) search warrant.

Answer 25

Answer: (c)
Choice (c) is correct (CPL 1.20-28).

Warrant of arrest.

Question 26

CPL 1.20-28
Select the correct answer.
A warrant of arrest is addressed to and can be executed by:
(a) a police officer
(b) any peace officer
(c) a court officer
(d) a county clerk’s officer.

Answer 26

Answer: (a)
Choice (a) is correct (CPL 1.20-28, 1.20-10)

A police officer

Question 27

CPL 1.20-29
Select the correct answer.
An indictment has been filed against a defendant to commence the criminal action against him. In order for an officer to bring the defendant before the court for the purpose of arraignment upon the indictment he must obtain:
(a) a summons
(b) a warrant of arrest
(c) a superior court warrant of arrest
(d) a bench warrant.

Answer 27

(c)
Choice (c) is correct (CPL 1.20-29). A superior court warrant of arrest is used to produce a defendant for arraignment only on an indictment when the indictment has commenced the criminal action.

Question 28

CPL 1.20-29
Select the correct answer.
A “superior court warrant of arrest” directs
(a) a police officer
(b) any peace officer
(c) a county marshal
(d) a court officer of a superior court
(e) the Office of Arrest Warrants
to arrest a defendant for arraignment in a superior court.

Answer 28

(a)
Choice (a) is correct (CPL 1.20-29).

A police officer

Question 29

CPL 1.20-30
Select the correct answer.
A process of a criminal court which directs a police officer to take into custody a defendant who has previously been arraigned upon an accusatory instrument by which an action was commenced is:
(a) a superior court warrant of arrest
(b) a bench warrant
(c) an indictment
(d) a criminal court warrant.

Answer 29

(b)
Choice (b) is correct (CPL 1.20-30). Since the defendant has previously been arraigned, a bench warrant is appropriate to achieve defendant’s further court appearance.

Question 30

CPL 1.20-30
Select the correct answer.
The purpose of a bench warrant is to:
(a) return a defendant to a jail from which he or she has escaped
(b) bring a defendant into court for initial arraignment
(c) have a defendant appear before a grand jury to testify
(d) produce a defendant in court on a pending criminal action for some purpose other than initial arraignment.

Answer 30

(d)
Choice (d) is correct (CPL 1.20-30).
Produce a defendant in court on a pending criminal action for some purpose other than initial arraignment.

Question 31

CPL 1.20-31
Select all correct answers.
The term “prosecutor” includes:
(a) a district attorney
(b) the attorney-general
(c) a special prosecutor
(d) the New York City Corporation Counsel.

Answer 31

Answers: (a), (b) and (c)
Choices (a), (b) and (c) are correct (CPL 1.20-31).
Choices (b) and (c) may represent the people in certain criminal actions, instead of the district attorney.

Question 32

CPL 1.20-34
Select all correct answers.
Which of the following are police officers, under CPL?
(a) All sheriffs, under-sheriffs and deputy sheriffs
(b) A deputy fire marshal in the bureau of fire investigation of the New York City Fire Department
(c) An investigator employed in the office of a district attorney
(d) Long Island Railroad police
(e) A sworn officer of the police force of the Port Authority of New York and New Jersey (a public authority created by an interstate compact between New York and New Jersey).

Answer 32

Answers: (b), (c), (d) and (e)
Choices (b), (c), (d) and (e) are correct (CPL 1.20-34).
Choice (a) is incorrect because these officials have police officer status only when employed by counties outside of New York City. In New York City, the sheriff, under-sheriff and deputy sheriffs exercise only civil jurisdiction.

Question 33

CPL 1.20-34(s)
Select the correct answer.
The State University of New York operates state-wide. For security functions it appoints persons who are designated in CPL as
(a) peace officers
(b) police officers
(c) constables
(d) security officers.

Answer 33

Answer: (b)
Choice (b) is correct (CPL l.20-34(s)).

Police Officers

Question 34

CPL 1.20-34a
Select the correct statement as to the geographical area of employment of police officers:
(a) A twenty-year veteran New York State police officer has spent all his police service assigned to the Dover Plains Station in Dutchess County. His geographical area of employment is the entire state
(b) A New York City police officer lives and works in Kings County, one of the five counties of New York City. The officer’s geographical area of employment is solely Kings County
(c) A deputy sheriff of Nassau County has always been assigned to the County Jail in Mineola. The sheriff’s geographical area of employment is limited to Mineola
(d) A police officer of the town of Chatham, in Columbia County, is assigned to road patrol for traffic violators. The officer’s geographical area of employment does not include state or county roads which pass through the town.

Answer 34

(a)
Choice (a) is correct (CPL l.20-34a). Since the officer’s employer is the state, his geographical area of employment is the entire state.

Question 35

CPL 1.20-34a(d)
Select the correct statement as to the geographical area of employment of a police officer appointed by the state university:
(a) The officer’s geographical area of employment is the entire state, because the state university functions throughout the state
(b) The officer’s geographical area of employment is limited to the campus properties of the state university
(c) The officer’s geographical area of employment is fixed and defined by his employer, the state university, according to his duty assignment
(d) The officer’s geographical area of employment includes university campuses and other university property, including any portion of a public highway which may cross or abut university property.

Answer 35

Answer: (d)
Choice (d) is correct (CPL l.20-34a(d)).
Choices (a), (b) and (c) are incorrect because CPL l.20-34a(d) limits the geographical area of employment of police officers appointed by the state university to campuses and other property of the state university, including any portion of a public highway which crosses or abuts such property.

Question 36

CPL 1.20-37
Select all correct statements as to a lesser included offense:
(a) Intentional assault is a lesser included offense of intentional murder
(b) Petit larceny (stealing property, a misdemeanor) is a lesser included offense of grand larceny first degree (stealing over one million dollars in property, a class B felony)
(c) Sexual abuse first degree (sexual contact by forcible compulsion, a class D felony) is a lesser included offense of rape first degree (sexual intercourse by forcible compulsion, a class B felony)
(d) Trespass (entering premises unlawfully, a violation) is a lesser included offense of burglary first degree (entering a dwelling unlawfully while armed, a class B felony).

Answer 36

(a), (b), (c) and (d)
Choices (a), (b), (c) and (d) are correct (CPL 1.20-37). In each situation it would be impossible to commit the greater offense without at the same time and by the same conduct committing the lesser.

Question 37

CPL 1.20-37
An attempt to commit an intentional assault may be successful or unsuccessful. Assume a successful attempt in which the defendant is charged only with the completed assault. It has, however, been agreed that the defendant will voluntarily plead guilty to attempted assault in full satisfaction of the charge. This guilty plea:
(a) cannot be accepted, since defendant was charged only with the completed crime
(b) can be accepted, although not included in the indictment
(c) should be entered only if the indictment is amended to add a new charge of attempted assault
(d) is illegal and improper in any case, since a grand jury saw fit to charge the completed crime.

Answer 37

Answer: (b)
Choice (b) is correct (CPL 1.20-37).
In the case of a lesser included offense (and the attempted assault described here is a lesser included offense, by CPL) it is not necessary that the lesser offense be charged. Defendant may be permitted to plead guilty to a lesser included offense (CPL 220.10), and in the case of a court’s charge to a jury, CPL 300.30 and 300.50 provides for the court to submit lesser included offenses for the jury’s consideration.

Question 38

CPL 1.20-38
Select the correct answer.
According to CPL, an affirmation is most nearly equal to:
(a) an acknowledgment
(b) an oath
(c) an allegation
(d) a truth.

Answer 38

(b)
Choice (b) is correct (CPL 1.20-38).
Adherents of some religions, and others, may have personal reasons for refusing to take an oath. For such persons, an affirmation may be used, as well as any “other mode authorized by law of attesting to the truth of that which is stated.” In this regard, an interested person may find case law helpful.

Question 39

CPL 1.20-39
Select the correct answer. Petty offenses include:
(a) violations, only
(b) violations and misdemeanors
(c) traffic infractions and violations
(d) all offenses.

Answer 39

Answer: (c)
Choice (c) is correct (CPL 1.20-39).
Petty offense means a violation or a traffic infraction

Question 40

CPL 1.20-42
Select the correct answer.
Which of the following constitutes a juvenile offender?
(a) A thirteen-year old male who commits acts constituting the crime of rape first degree
(b) A twelve-year old who commits acts constituting the crime of intentional murder second degree
(c) A fourteen-year old who commits acts constituting the crime of burglary first degree
(d) A fifteen-year old who commits acts constituting the crime of robbery third degree.

Answer 40

(c)
Choice (c) is correct (CPL 1.20-42, Penal Law 30.00).
Choice (a) is incorrect because rape in any degree is not a crime for which a thirteen-year old is criminally responsible as a juvenile offender.
Choice (b) is incorrect because a twelve-year old is not criminally responsible as a juvenile offender for any crime.
Choice (d) is incorrect because a fifteen-year old is not criminally responsible as a juvenile offender for robbery third degree.
In the situations presented in choices (a), (b) and (d), proceedings in Family Court leading to adjudication as a juvenile delinquent would be appropriate, but there can be no criminal prosecution.
Also note: certain conduct involving sexually motivated felonies are included. See Penal Law §130.91.

Question 41

CPL 1.20-42
Select all correct statements:
As to possession of a loaded firearm by a person fourteen years of age, select the correct statement:
(a) If the possession is in the person’s home there is no criminal responsibility
(b) There is criminal responsibility for any such possession
(c) There is criminal responsibility only if such possession is on school grounds
(d) There is criminal responsibility only if such possession is on school grounds of a public school.

Answer 41

(a) and (c)
Choices (a) and (c) are correct (CPL 1.20-42, PL 30.00-2, PL 220.00-14).

Question 42

CPL 2.10-20
Select the correct answer.
The Triborough Bridge and Tunnel Authority, operating solely in New York City, employs bridge and tunnel officers, sergeants and lieutenants. Under New York CPL, these employees are considered:
(a) police officers
(b) state officers
(c) peace officers
(d) none of the above.

Answer 42

(c) Peace Officers