Article 10 The Criminal Courts Flashcards
CPL 10.10-1
Select the correct answer.
Smith commits a crime in New York City. His criminal case can be tried, according to the CPL:
(a) only in a local criminal court
(b) only in a local criminal court or superior court
(c) only in the New York City Criminal Court
(d) only in a superior court or County Court
(e) only by a superior court justice sitting as a local criminal court.
Answer: (b)
Choice (b) is correct (CPL 10.10-1). Since the crime is not specified, the appropriate court cannot be specified.
CPL 10.10-2
Select the correct answer.
A superior court of criminal jurisdiction refers to:
(a) New York City Criminal Court and Supreme Court
(b) Supreme Court, Appellate Division and Court of Appeals
(c) District Court, New York City Criminal Court and Supreme Court
(d) Supreme Court and County Court.
(d)
Choice (d) is correct (CPL 10.10-2).
Supreme Court and County Court.
CPL 10.20
Select the correct answer. Superior courts have:
1. unlimited trial jurisdiction over all petty offenses
2. exclusive trial jurisdiction of felonies
3. no trial jurisdiction over misdemeanors
4. no trial jurisdiction over petty offenses
5. preliminary jurisdiction over all offenses only through their grand juries
(a) All of the above are true
(b) None of the above are true
(c) 2 and 5 are true, the others are not
(d) 1 and 2 are true, the others are not. Answer______
Answer: (c)
Choice (c) is correct (CPL 10.20).
Statement 1 is incorrect because trial jurisdiction over petty offenses is limited to instances when they are part of an indictment which also charges a crime (misdemeanor or felony).
Statement 3 is incorrect because superior courts have concurrent trial jurisdiction of misdemeanors with local criminal courts.
Statement 4 is incorrect because, as stated above, there is trial jurisdiction of petty offenses when they are included in an indictment which also charges a crime.
CPL 10.20-1
Select the correct answer.
Superior courts have trial jurisdiction over:
(a) only felonies
(b) only felonies and misdemeanors
(c) petty offenses, only if there is also a felony charged
(d) petty offenses, only if there is also a crime charged.
Answer: (d)
Choice (d) is correct (CPL 10.20-1).
petty offenses, only if there is also a crime charged.
CPL 10.20-l(c)
Select the correct answer.
Creep has been indicted on a petty offense. The indictment also charges Creep with a crime. Creep’s case may be heard only in a:
(a) district court
(b) local criminal court
(c) superior court
(d) city court.
Answer: (c)
Choice (c) is correct (CPL 10.20-l(c)). The significant part of the question is that Creep has been indicted. An INDICTMENT may be tried only in a superior court.
CPL 10.20-3
Select the correct answer:
Superior court judges, when sitting as local criminal courts, may:
1. conduct arraignments
2. issue warrants of arrest
3. issue search warrants
(a) 1, only
(b) 1 and 2, only
(c) 2, only
(d) 2 and 3, only
(e) 1, 2 and 3.
Answer: (e)
Choice (e) is correct.
- conduct arraignments
- issue warrants of arrest
- issue search warrants
CPL 20.20-l(a)
Select the correct answer.
Nick in New York contracts to sell the Brooklyn Bridge (which he doesn’t own) to a visiting farmer from New Jersey at a reasonable price, considering inflation. This is a form of larceny. The price is agreed upon, a five dollar deposit paid in New York, and they drive to New Jersey so the farmer can get the balance of the money. The balance is paid in New Jersey. In this situation:
(a) Nick can be prosecuted only in New Jersey.
(b) under New York criminal procedure, there can be no prosecution in New York because of the maxim: “Let the buyer beware”
(c) the case must be dismissed because it is ridiculous
(d) New Jersey courts are deprived of jurisdiction because the offense was partly committed in New York
(e) Nick could be prosecuted in New York, because conduct constituting an element of the offense occurred in New York.
(e)
Choice (e) is correct (CPL 20.20-l(a)).
Nick could be prosecuted in New York, because conduct constituting an element of the offense occurred in New York.
CPL 20.20-l(b)
Select the correct answer.
Wife intentionally baked a blueberry pie in New York in which she mixed rat poison with the blueberries. Her husband was in Arizona on a business trip with his girlfriend. Wife sent the pie to her husband by registered mail, obtaining a signed receipt from him by return mail. She intended to cause his death in Arizona, and was successful in doing so. Assume that her conduct is criminal under New York law as an attempted homicide, and under Arizona law as a completed homicide. In this situation:
(a) she can be prosecuted only in Arizona
(b) she can be prosecuted in New York for her conduct here which led to his death in Arizona
(c) she must be prosecuted first in New York, and after that prosecution is ended she can be prosecuted in Arizona
(d) she must be prosecuted in Arizona first, and after that prosecution is ended she can be prosecuted in New York.
(b)
Choice (b) is correct (CPL 20.20-l(b)).
She can be prosecuted in New York for her conduct here which led to his death in Arizona
CPL 20.20-2(a)
Select the correct answer.
It is presumed that the death of a victim occurred in New York if:
(a) part of the victim’s body is found in New York
(b) the murder weapon is found in New York
(c) the accused defendant is found in New York
(d) the major part of the victim’s body is found in New York.
Answer: (a)
Choice (a) is correct (CPL 20.20-2(a)). The legislature wisely created this presumption, thus avoiding the need for proof which might be difficult or impossible to provide. In the case of a very dismembered body, jurisdiction would lie in all the counties where a part of the body was found, with ultimate jurisdiction falling to the prosecutor who was first to act under CPL 40.20 and 40.30.
CPL 20.20-2(a)
Select all correct answers.
A is shot intentionally by B in New Jersey, and is transported to New York where he dies. Both New York and New Jersey penal statutes forbid B’s action. In this situation:
(a) B can be prosecuted in New York for this homicide
(b) B cannot be prosecuted in New York for this homicide
(c) B can be prosecuted in New York or New Jersey for a crime
(d) B cannot be prosecuted for homicide in both New York and New Jersey.
Answers: (a), (c) and (d).
Choices (a), (c) and (d) are correct (CPL 20.20-2(a)).
New Jersey could prosecute at least for the assault, since A was shot in New Jersey (choice (c)).
Double jeopardy principles would prevent homicide prosecution in both states (choice (d)).
Choice (b) is incorrect because CPL creates a presumption that the death occurred where the victim’s body was found.
CPL 20.30-1
Select the correct statement about the following:
Jack and his three sons in New York City agree to contribute fifty thousand dollars each in order to operate a gambling casino in Las Vegas. They go through with their plan. Gambling is legal in Nevada but illegal in New York.
(a) Since gambling is legal in Nevada no crime was committed in New York State
(b) Whether gambling is legal or illegal in Nevada, it is illegal in New York and therefore they can be prosecuted in New York
(c) Since gambling is legal in Nevada but illegal in New York, they can be tried for conspiracy in Nevada on a theory of reciprocity between states
(d) Since two states are involved, the prosecution must take place in a federal court.
(a)
Choice (a) is correct (CPL 20.30-1).
Choice (b) is incorrect, because all they did in New York was to plan conduct in Nevada which was legal there.
CPL 20.40-1
Select the correct answer.
A county’s geographical jurisdiction of offenses includes:
(a) only crimes consummated within that county
(b) offenses in which an element occurred within the county
(c) only homicides which were consummated within the county
(d) felonies only if all the elements occurred within the county.
(b)
Choice (b) is correct (CPL 20.40-1). The relevant CPL section clearly provides geographical jurisdiction of offenses in a particular county when an element of the offense is shown to have occurred in that county.
CPL 20.40-2(b)
Robert killed a girl and severed her into six pieces in assorted sizes. He then deposited one piece in six different counties of New York State. Select the correct statement concerning this:
(a) Only the county in which death occurred can prosecute Robert
(b) Robert can be prosecuted only in the girl’s home county, in this case
(c) Robert’s case will be removed from New York State to another State, due to the sensational nature of the case and probable in ability otherwise to get an impartial jury
(d) All six counties can prosecute Robert but he could receive only one sentence even though he might be convicted in several counties
(e) The county which first commences its prosecution has jurisdiction, to the exclusion of all the others.
(e)
Choice (e) is correct (CPL 20.40-2(b)). Geographical jurisdiction is given to a county in which the victim’s body or a part thereof is found. Here a part is found in six counties of the state, giving rise to double jeopardy (previous prosecution) issues. CPL 40.20 and 40.30 are relevant in this connection. A person may not be twice prosecuted for the same offense; the practical effect being that the first prosecutor to proceed will have control of the case.
CPL 20.40-4(c)
Select the correct answer.
Smith commits a crime in County B. The location of the crime is four hundred yards from County A’s border. Both counties are in New York. Smith’s attorney claims that he may be prosecuted in either county. In fact, Smith’s attorney correctly claims that Smith could have been as much as ______________ from County A and still be prosecuted in either county.
(a) five hundred yards
(b) six hundred yards
(c) six hundred meters
(d) one thousand yards.
(a)
Choice (a) is correct (CPL 20.40-4(c)). An offense committed within five hundred yards of a boundary between counties of the state may be tried in either county.
CPL 20.40-4(d)
Select the correct answer.
A felony is committed on the Hudson River south of the northern boundary of New York City. That part of the river which is a New York City boundary is a boundary for New York and Bronx counties of New York City. Select the answer showing which of the five counties of New York City have jurisdiction to try the case.
(a) New York County only
(b) New York and Bronx Counties only
(c) New York, Richmond and Bronx Counties
(d) New York, Richmond, Bronx, Kings and Queens Counties.
Answer: (d)
Choice (d) is correct (CPL 20.40-4(d)).
The applicable section gives geographical jurisdiction to any of the five counties of New York City.
CPL 20.40-4(e)
Select the correct answer.
Jane has pushed John off the Marco Polo Bridge. The bridge connects Nassau and Suffolk Counties, both of which are in New York State. Jane may be prosecuted in:
(a) the larger of the two counties, only
(b) any court in New York State
(c) in the county nearest to the scene of the crime, only
(d) in either Nassau or Suffolk.
(d)
Choice (d) is correct (CPL 20.40-4(e)). The applicable section clearly gives geographical jurisdiction of an offense committed on a bridge to any terminal county, in this case either Nassau or Suffolk.
CPL 20.40-4(e)
Select the correct answer.
The Brooklyn Bridge, connecting New York and Kings Counties, includes approaches over the land area of each county. While on the bridge and geographically located above New York County, A commits a felony. Jurisdiction lies in:
(a) New York County only
(b) Kings County only
(c) either New York or Kings County
(d) any county bordering on the river that flows under the bridge.
Answer: (c)
Choice (c) is correct (CPL 20.40-4(e)). Either terminal county of the bridge has jurisdiction. Although both counties here are within New York City, that is not relevant to the question.
CPL 20.40-4(f)
Select the correct answer.
Jones robs Smith on a bus (common carrier) carrying passengers from New York County to Suffolk County. At the time the bus was in Queens County (part of New York City) and would have continued on into Nassau and then Suffolk Counties. Smith is a Suffolk resident and Jones lives in Nassau. Where may the crime be prosecuted?
(a) Suffolk County, only
(b) Queens County, or New York County, only
(c) New York, Queens, or Suffolk Counties
(d) Nassau County.
Answer: (c)
Choice (c) is correct (CPL 20.40-4(f)). The crime may be prosecuted in any county through which the bus passed on its trip, or in which the trip terminated or was scheduled to terminate. The trip originated in New York county, had passed into Queens, and was scheduled to terminate in Suffolk county. These are the counties having geographical jurisdiction. The counties of residence of Smith and Jones have no relevance to the answer.
