Article 170 Proceedings, Information, Simplified Traffic Information, etc.. Flashcards
CPL 170.10-2
Select the correct answer.
When a defendant is personally present at arraignment he must be furnished with a copy of the accusatory instrument:
(a) only in cases where defendant was arrested on a warrant of arrest
(b) only in felony cases
(c) in all cases
(d) only in misdemeanor cases.
Answer: (c)
Choice (c) is correct (CPL 170.10-2). In all cases
CPL 170.10-1, 2
Select the correct answer.
Except for electronic arraignment (Article 185), in the case of a defendant whose court appearance is required by a summons or appearance ticket, the defendant:
(a) must appear in person, in all cases
(b) may appear by an attorney, in his discretion, without his own personal appearance
(c) must personally appear together with his attorney
(d) may appear by an attorney, without his own personal appearance, in the court’s discretion, for good cause shown.
Answer: (d)
Choice (d) is correct (CPL 170.10-1, 2). It is within the court’s
discretion to permit defendant to appear by counsel.
CPL 170.10
Select the correct answer.
A defendant in a criminal case in waiving his right to counsel has done so voluntarily and intelligently. Under these circumstances:
(a) he has a right to appear as his own attorney
(b) he does not have a right to appear as his own attorney
(c) he has a right to appear as his own attorney only in non-jury trials
(d) he has a right to appear as his own attorney only in misdemeanor cases.
Answer: (a)
Choice (a) is correct (CPL 170.10). A defendant who voluntarily and intelligently waives his right to counsel cannot be forced to exercise this right to counsel, and must be permitted to proceed on his own. To protect the record and satisfy themselves, trial judges will carefully question the defendant and even assign an attorney to sit alongside the defendant and be available should the defendant change his mind.
CPL 170.10-3(c)
Select the correct answer.
A defendant who appears at arraignment without counsel has a right to have counsel assigned if he is financially unable to provide his own:
(a) when charged with any offense
(b) only if he is charged with a crime
(c) except where he is charged only with one or more traffic infractions
(d) only if he is charged with a felony.
Answer: (c)
Choice (c) is correct [CPL 170.10-3(c)]. A defendant who is financially unable to provide his own counsel is entitled to assignment of counsel except for traffic infractions. Thus, there is a right to assigned counsel for felonies, misdemeanors and violations.
CPL 170.10-7
Select the correct answer.
When a defendant appears for arraignment on an information:
(a) he may be remanded, with bail denied, in the court’s discretion
(b) bail must be set or defendant released on his own recognizance
(c) if bail is set, the amount may not exceed one million dollars
(d) he must be released on his own recognizance in all cases.
Answer: (b)
Choice (b) is correct (CPL 170.10-7). Bail must be set or defendant released on his own recognizance
CPL 170.20
Select the correct answer.
A local criminal court is divested of misdemeanor jurisdiction when:
(a) the district attorney presents the charge to a grand jury but it results in neither an indictment nor a dismissal
(b) the district attorney’s request for adjournment in the local criminal court is granted
(c) an indictment for the misdemeanor is filed in a superior court
(d) the district attorney presents the case to the grand jury within the period of adjournment granted by the lower criminal court.
Answer: (c)
Choice (c) is correct (CPL 170.20). The district attorney may apply for an adjournment in the local criminal court to afford time for grand jury consideration, but he is not required to apply. If application is made for an adjournment for this reason it must be granted. It is only the filing of an indictment for the same misdemeanor pending in the local criminal court that divests that court of jurisdiction.
CPL 170.25-1
Select the correct answer.
A defendant is charged with a misdemeanor in a local criminal court. Prior to plea of guilty or commencement of trial, he wants the misdemeanor charge tried in a superior court. To do this:
1. he must obtain approval of the district attorney
2. he must obtain the approval of a superior court judge having jurisdiction to try the case
3. he must obtain consent of the grand jury before the case may be presented to them
(a) All of the above
(b) 1 and 2, but not 3
(c) 1, only
(d) 2, only
(e) 2 and 3, but not 1.
Answer: (d)
Choice (d) is correct (CPL 170.25-1). He must obtain the approval of a superior court judge having jurisdiction to try the case
CPL 170.30-1, 170.35-1
Select all correct answers.
After arraignment upon an information, a simplified information, a prosecutor’s information, or a misdemeanor complaint, the local court may dismiss such instrument, upon motion of the defendant, for which of the following reasons:
(a) the court lacks jurisdiction, based on the allegations of the accusatory instrument
(b) the defendant is awaiting trial for a previous, more serious offense
(c) the defendant has immunity from prosecution
(d) dismissal is required in the furtherance of justice.
Answers: (a), (c) and (d)
Choices (a), (c) and (d) are correct (CPL 170.30-1, 170.35-1).
CPL 170.30-3
Select the correct answer.
After his arraignment on an information in a local criminal court, the defendant moved to dismiss the information on the ground that he had received immunity from prosecution for the offense. The motion was denied. Defendant then made a second motion to dismiss on the ground that he was denied the right to a speedy trial. As to this second motion, the court:
(a) must grant the motion
(b) may in its discretion dispose of the motion on the merits
(c) must deny the motion since defendant should raise all motions to dismiss at the same time
(d) must hold a hearing, in furtherance of justice.
Answer: (b)
Choice (b) is correct (CPL 170.30-3). The court is given discretion to consider a second motion which should have been included in the first, although one motion including all available grounds is preferred by the section.
Note that Loitering for the Purpose of Engaging in Prostitution offenses (P.L. 240.37) has been repealed.
CPL 170.55-1, 2
Select the correct answer.
In cases not involving family offenses or marijuana, an adjournment in contemplation of dismissal:
1. may be made in a lower criminal court
2. allows one year to restore the case to the calendar
3. allows time for the people to gather more evidence
4. must be agreed to by both parties and the court
5. allows the case to be restored on the people’s motion made within six months after the adjournment
(a) Only 1, 3, 4 and 5 are correct
(b) Only 1, 4 and 5 are correct
(c) All of the above are correct
(d) Only 1 and 5 are correct.
Answer: (b)
Choice (b) is correct, based on correct statements 1, 4 and 5 (CPL 170.55-1, 2).
Statement 2 is incorrect because the time limited to restore the case to the calendar is six months.
Statement 3 is incorrect because an adjournment in contemplation of dismissal requires the people’s motion or consent, and is made “in furtherance of justice,” not to gather more evidence.
CPL 170.55-2, 170.56-2
Select the correct answer.
The maximum adjournment period involved in an adjournment in contemplation of dismissal:
(a) is the same in marihuana cases as in all others
(b) is shorter in marihuana cases than in others
(c) is longer in marihuana cases than in all others
(d) is within the court’s discretion.
Answer: (c)
Choice (c) is correct (CPL 170.55-2, 170.56-2). In marihuana offenses the maximum adjourned period is one year; in other offenses it is six months. The court has no discretion as to this maximum period.
CPL 170.55-8
Select the correct answer.
The effect of an adjournment in contemplation of dismissal upon a defendant’s record is that:
(a) all records are immediately sealed upon the granting of the adjournment in contemplation of dismissal
(b) it becomes a permanent part of the defendant’s record open to the public
(c) a forfeiture may be imposed of property involved in the offense
(d) it is neither a conviction nor an admission of guilt.
Answer: (d)
Choice (d) is correct (CPL 170.55-8). After the adjourned period without restoration of the case to the calendar on the people’s motion, the accusatory instrument is deemed dismissed.
CPL 170.55
Which of the following offenses may not be subject to an adjournment in contemplation of dismissal:
(a) trespass
(b) disorderly conduct
(c) petit larceny
(d) a violation of the vehicle and traffic law (except one related to parking, stopping or standing) committed by a truck driver operating a commercial motor vehicle.
Answer: (d)
CPL 170.55 (9) provides that an adjournment in contemplation may not be granted for offenses related to the vehicle and traffic law (except parking, standing or stopping) committed by a holder of a commercial driver’s license or commercial learner’s permit or committed in a commercial motor vehicle.
CPL 170.56-2
Select the correct answer.
Upon ordering an adjournment in contemplation of dismissal in a case involving marihuana:
(a) the court may require supervision of the defendant by any public or private agency
(b) no conditions may be imposed by the court
(c) the defendant must be placed in a status of probation subject to supervision by the court’s Probation Department
(d) the defendant is subject to supervision exclusively by the prosecutor.
Answer: (a)
Choice (a) is correct (CPL 170.56-2)
Note amendment change in CPL Section 179.56-1 reflects changes from marijuana offenses to cannabis offenses.
CPL 170.80
In the case of a 16 year old charged with prostitution, the judge may do the following except:
(a) conditionally convert such charge and retain it as a PINS proceeding
(b) order specialized services for sexually exploited youth in accordance with the Social Services Law
(c) upon a conviction by plea or verdict, sentence as a Class B misdemeanor
(d) upon application of the people during the PINS proceeding (but not later than the defendants’ 18th birthday) restore the accusatory instrument if conditions set forth were not met by defendant.
Answer: (c)
In the event of a conviction, the available sentence must be imposed as a violation. CPL 170.80 (2)
