Article 100 Commencement of Action in LCC or Youth Part of SCC

Question 1

CPL 100.05
Select the correct answer.
A criminal action may be commenced in a local criminal court:
(a) only by filing an information
(b) only by filing a misdemeanor complaint
(c) only by filing a felony complaint
(d) by filing either an information, misdemeanor complaint or felony complaint.

Answer 1

Answer: (d)
Choice (d) is correct (CPL 100.05). A criminal action is commenced by the filing of an accusatory instrument. An information, misdemeanor complaint and felony complaint are accusatory instruments (CPL 1.20-1).

Question 2

CPL 100.05
Select the correct answer.
A criminal action is generally commenced:
(a) by the arrest of the defendant
(b) by the defendant’s physical arrival at the courthouse
(c) by filing an accusatory instrument
(d) by defendant’s “booking” at a police station.

Answer 2

Answer: (c)
Choice (c) is correct (CPL 100.05). The precise point at which a criminal action is commenced according to CPL is of considerable importance in issues under CPL Article 30 relating to timeliness of prosecution and speedy trial. See, for example, CPL 30.10-2(b). The commencement of the criminal action marks the beginning of the period to be measured for timeliness of prosecution and speedy trial.
Choices (a), (b) or (d) may appear more logical to one being arrested, but CPL is clear.
Note:The place of filing the accusatory instrument is generally with a criminal court; in the case of a juvenile offender or adolescent offender, other than an adolescent offender charged with only a violation or traffic infraction, generally with the youth part of the superior court.

Question 3

CPL 100.05
Select the correct answer.
If more than one accusatory instrument is filed in the course of the same criminal action:
(a) the action is commenced when the first is filed
(b) the action is commenced when the last is filed
(c) the criminal action must be separated into several different actions, each having its own commencement
(d) the action is deemed to have commenced at a midpoint between the filing of the first and second accusatory instruments.

Answer 3

Answer: (a)
Choice (a) is correct (CPL 100.05).

Question 4

CPL 100.05
Select the correct answer.
A superior court action against an adult defendant who has never been held by a local criminal court on the same matter is commenced by:
(a) an information
(b) a misdemeanor complaint
(c) a grand jury indictment
(d) any of the above.

Answer 4

Answer: (c)
Choice (c) is correct (CPL 100.05). The only accusatory instruments that commence a superior court action are an indictment or a superior court information.

Question 5

CPL 100.07
Select the correct answer.
As to specified family offenses, a criminal court’s jurisdiction:
(a) is available only if the case is transferred from the family court
(b) is concurrent with that of the family court
(c) is exclusive of the family court, provided the case originated in a criminal court
(d) is available only for conduct constituting a felony.

Answer 5

Answer: (b)
is concurrent with that of the family court correct

Question 6

CPL 100.10-1
Select the correct answer.
An information is an accusation filed with a local criminal court:
(a) charging a person with any crime
(b) charging a person with an offense other than a felony
(c) which serves as a basis for commencement of a criminal action but not as a basis for prosecution
(d) which charges only one person with an offense.

Answer 6

Answer: (b)
Choice (b) is correct (CPL 100.10-1).
Choice (a) is incorrect because an information cannot be used for a felony.
Choice (c) is incorrect because an information may serve both functions.
Choice (d) is incorrect because an information may charge one or more persons with an offense.

Question 7

CPL 100.10-2
Select the correct answer.
A simplified traffic information is a written accusation filed with a local criminal court charging a defendant with a traffic offense, and which:
(a) must contain factual allegations supporting the charge
(b) can be made only by a police officer or other authorized person
(c) may charge the defendant with felonies related to traffic incidents
(d) is drafted in a form prescribed by the district attorney.

Answer 7

Answer: (b)
Choice (b) is correct (CPL 100.10-2).
Choice (a) is incorrect, for only the designated offense is charged, without “factual allegations of an evidentiary nature supporting such charge.”
Choice (c) is incorrect for a felony cannot be charged in any information.
Choice (d) is incorrect because the form for a simplified traffic in formation is prescribed by the commissioner of motor vehicles.

Question 8

CPL 100.10-3
Select the correct answer.
A prosecutor’s information is an accusation by a district attorney, filed with a local criminal court:
(a) which may commence a criminal action in some cases
(b) at the district attorney’s discretion, in felony cases
(c) at the direction of a court in order to charge the defendant with a felony rather than a misdemeanor
(d) at the direction of a grand jury, in all cases.

Answer 8

Answer: (a)
Choice (a) is correct (CPL 100.10-3). It may commence a criminal action where it results from a grand jury direction in a case not previously commenced in a local criminal court.

Question 9

CPL 100.15
Select the correct answer.
An information, a misdemeanor complaint and a felony complaint must:
1. specify the name of the court in which it is filed.
2. be subscribed and verified by the complainant.
3. contain facts supporting the charges.
4. the complainant must have personal knowledge of the commission of the offense
(a) 1 and 2, only
(b) 1, 2 and 3, only
(c) 2, 3 and 4, only
(d) 3 and 4, only (e) 1, 2, 3 and 4.

Answer 9

Answer: (b)
Choice (b) is correct (CPL 100.15). Statements 1, 2 and 3 are supported by CPL 100.15-1.
.

Question 10

CPL 100-15
Select the correct answer.
An information charging a defendant with a crime must contain:
1. a designation of the crime
2. the names of the prosecutor’s witnesses
3. the evidentiary allegations which support the charges
4. signature of the complainant
(a) 1, 2, 3 and 4
(b) 1, 2 and 3, only
(c) 1, 3 and 4, only
(d) 3 and 4, only
(e) 2, 3 and 4, only.

Answer 10

(c)
Choice (c) is correct (CPL 100.15).

Question 11

CPL 100.20
Select the correct answer. A supporting deposition:
(a) is always a written instrument
(b) provides direct support, in all cases, of the charges contained in an accusatory instrument
(c) may be subscribed and verified by any witness
(d) is always subscribed and verified by the complainant.

Answer 11

Answer: (a)
Choice (a) is correct (CPL 100.20).

Choice (b) is incorrect because a supporting deposition may be based on information and belief. In addition, it merely supplements the accusatory instrument, and supports or tends to support the charges.
Choices (c) and (d) are incorrect because the complainant cannot sign the supporting deposition.

Question 12

CPL 100.20
Select the correct answer.
A supporting deposition is filed in connection with:
(a) an information or indictment
(b) a grand jury hearing or a felony complaint
(c) a misdemeanor complaint, only
(d) an information or a misdemeanor complaint.

Answer 12

Answer: (d)
Choice (d) is supported by CPL 100.20.

Question 13

CPL 100.25
Select the correct statement as to a supporting deposition in connection with a simplified information:
(a) There is no right to a supporting deposition in connection with a simplified information
(b) A defendant arraigned on a simplified information is entitled to a supporting deposition on his timely request
(c) The right to a supporting deposition in connection with a simplified information exists only before arraignment
(d) There is a right to a supporting deposition in connection with a simplified traffic information, but not with other forms of simplified informations.

Answer 13

(b)
Choice (b) is correct, CPL 100.25 sub. 2.

A defendant arraigned on a simplified information is entitled to a supporting deposition on his timely request

Question 14

CPL 100.30
Select the correct answer.
The fact that an accusatory instrument is verified means:
(a) the statements contained therein are sworn to
(b) the statements contained therein are true
(c) the statements contained therein have been investigated by the police
(d) the statements contained therein have been proven beyond a reasonable doubt.

Answer 14

Answer: (a)
Choice (a) is correct (CPL 100.30). The statements contained therein are sworn to

Question 15

CPL 100.30
Select all correct answers.
A felony complaint may be sworn to:
(a) before the court with which it is filed
(b) before a police officer only if the officer has the rank of sergeant or higher
(c) before a notary public
(d) before any desk officer in charge at a police station.

Answer 15

Answers: (a), (c) and (d)
Choices (a), (c) and (d) are correct (CPL 100.30).

Question 16

CPL 100.40
Select the correct statement as to the sufficiency on its face of an information:
(a) An information must contain, in its factual allegations, together with those of accompanying supporting depositions, allegations which provide reasonable cause to believe that defendant committed the offense charged
(b) A supporting deposition to an information cannot be based on information and belief
(c) An information with supporting depositions must provide factual allegations constituting proof beyond a reasonable doubt that defendant committed the offense
(d) The complainant in a verified information must be the victim of the offense.

Answer 16

Answer: (a)
Choice (a) is correct (CPL 100.40).

Question 17

CPL 100.40
Which of the following are required for an information to be sufficient on its face?
1. It conforms to statutory requirements requiring verification
2. The allegations of fact amount to reasonable cause to believe the defendant committed the offense
3. Non-hearsay allegations establish every element of the offense
(a) 1, only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3.

Answer 17

Answer: (d)
Choice (d) is correct (CPL 100.40).

Question 18

CPL 100.45-3
Select the correct answer.
If the factual part of a filed information, together with its supporting depositions, provides a basis for charging additional offenses:
(a) the additional offenses may be charged, without limitation
(b) the additional offenses cannot be charged after the information is filed
(c) the additional offenses may be charged only with defendant’s consent and before entry of guilty plea or commencement of trial
(d) the additional offenses may be charged before entry of guilty plea or commencement of trial, on notice to the defendant, an opportunity to be heard, and any reasonably necessary adjournment.

Answer 18

Answer: (d)
Choice (d) is correct (CPL 100.45-3). The section specifically covers the situation. Note the distinction between defendant’s consent as in choice (c) and notice to the defendant, as in choice (d), the correct choice. The time for filing the additional offenses is limited to “before the entry of a plea of guilty or the commencement of a trial;” it is not limited by the filing of the information. Choice (a) is necessarily incorrect, in view of the limitations.

Question 19

CPL 100.50-1
Select the correct answer.
Tom will be going to trial in one month for a misdemeanor specified in a prosecutor’s information. Prior to trial another prosecutor’s information is filed against Tom for the same misdemeanor. In this situation:
(a) the first instrument supersedes the second
(b) each instrument stands alone
(c) the second instrument supersedes the first
(d) it is within the court’s discretion whether to combine both instruments.

Answer 19

Answer: (c)
Choice (c) is correct (CPL 100.50-l). Although the second instrument supersedes the first, any count in the first instrument which charges an offense not charged in the second instrument is not superseded, and remains in effect.

Question 20

CPL 100.55-2
Select the correct answer.
A local criminal court accusatory instrument may be filed with the New York Criminal Court:
(a) only if the offense was allegedly committed in New York County
(b) for an offense allegedly committed in New York City
(c) for an offense allegedly committed anywhere in New York State
(d) only for misdemeanors.

Answer 20

Answer: (b)
Choice (b) is correct (CPL 100.55-2). The court of geographical jurisdiction is determined by the place where the offense allegedly was committed.
Choice (a) is incorrect because New York County (Manhattan) is only one of the five counties comprising New York City.
Choice (c) is incorrect because the court’s jurisdiction is limited to New York City.
Choice (d) is incorrect because a local criminal court accusatory instrument could also be used for violations and traffic infractions.

Question 21

CPL 100.55-6
Select the correct answer.
Conduct in Town S within County A leads to a felony complaint against an adult. This felony complaint against the adult may be filed:
(a) only in Town S
(b) only in Town S or adjoining towns
(c) only in a superior court within the county
(d) in any town or village court within County A.

Answer 21

Answer: (d)
Choice (d) is correct (CPL 100.55-6).

Question 22

CPL 100.55-11
Select the correct answer.
A local criminal court accusatory instrument may be filed in the local criminal court where the offense allegedly occurred:
(a) with the court officer on duty any time of day
(b) with the court while it is duly operating an off-hours arraignment part
(c) at night, provided a judge can be located in the facility
(d) at no time after working daytime hours.

Answer 22

Answer: (b)
CPL 100.55-11 provides that filing in such situations may occur while the court is duly operating an off-hours arraignment part.

Question 23

CPL 110.10-2
Select all correct answers.
A person may be compelled to appear in a local criminal court for arraignment, although no criminal action against him has been commenced, by:
(a) the issuance and execution of a warrant of arrest
(b) an arrest made without a warrant
(c) the issuance and service of a summons
(d) the issuance and service of an appearance ticket.

Answer 23

Answers: (b) and (d)
Choices (b) and (d) are correct (CPL 110.10-2). In both answers, the criminal action has been commenced, or will be by the time of defendant’s appearance.
Choice (a) is incorrect because a warrant of arrest is issued by a court based on the filing of an accusatory instrument. It is this filing of the accusatory instrument which commences the criminal action (CPL 1.20-17).
Choice (c) is incorrect similarly because a summons is issued by a court based upon the filing of an accusatory instrument which has commenced the criminal action (CPL 1.20-27).