Article 180 Proceedings Upon Felony Complaint Flashcards
CPL 180.10-1
Select the correct answer.
At arraignment on a felony complaint, the defendant:
(a) may be present but is not required to be
(b) must be present
(c) must be present only in case of a crime of violence
(d) may be present in crimes of violence only if he demands that he be present.
Answer: (b)
Choice (b) is correct (CPL 180.10-1).
MUST BE PRESENT
CPL 180.10-2
Select the correct answer.
Defendant has been arraigned on a felony complaint. According to CPL, he is entitled to a hearing:
(a) to determine whether a trial by jury will be necessary
(b) to effectuate defendant’s right to counsel
(c) to determine whether the defendant is to be held for grand jury action
(d) to determine defendant’s guilt or innocence.
Answer: (c)
Choice (c) is correct (CPL 180.10-2) To determine whether the defendant is to be held for grand jury action
CPL 180.10-5
Select the correct answer.
If a defendant proceeds at an arraignment for a felony without counsel:
(a) he has waived his right to counsel throughout the trial
(b) he has not waived his right to counsel in further proceedings
(c) the court always must appoint counsel even if the defendant desires to proceed without counsel, and the court is satisfied that he made such decision with knowledge of the significance thereof
(d) the case cannot go to trial.
Answer: (b)
Choice (b) is correct (CPL 180.10-5). He has not waived his right to counsel in further proceedings
CPL 180.30
Select all correct answers.
A defendant has waived his right to a hearing upon a felony complaint. The local criminal court may:
(a) accept a guilty plea to the felony complaint
(b) determine whether defendant should be charged instead with a non-felony offense
(c) order that the defendant be held for action of the grand jury
(d) proceed directly to trial.
Answers: (b) and (c)
Choices (b) and (c) are correct (CPL 180.30).
Choices (a) and (d) are incorrect because a local criminal court has only preliminary jurisdiction as to felonies and has no jurisdiction to dispose of the case on its merits.
CPL 180.50-3
Select the correct answer.
If a charge is reduced by a lower criminal court from a felony to a non- felony offense by replacing the felony complaint with a misdemeanor complaint:
(a) the felony complaint cannot be dismissed by the court
(b) the felony complaint, only if the prosecutor consents, can be dismissed by the court
(c) upon the filing of the misdemeanor complaint the court must dismiss the felony complaint
(d) upon the filing of the misdemeanor complaint the court must request the defendant’s consent to dismiss the felony complaint.
Answer: (c)
Choice (c) is correct (CPL 180.50-3). Upon the filing of the misdemeanor complaint the court must dismiss the felony complaint
CPL 180.60-9
Select the correct answer.
According to CPL, at a hearing on a felony complaint in a local criminal court:
(a) there is an absolute right to a public proceeding, at the request of either side
(b) the court may exclude the public on application of the defendant
(c) the court may exclude the public on application of the prosecutor
(d) the court may exclude the public on its own motion, without approval of either side.
Answer: (b)
Choice (b) is correct (CPL 180.60-9). The court may exclude the public on application of the defendant
CPL 180.60
Select the correct answer.
At a hearing on a felony complaint:
1. the people must support the charge by calling witnesses
2. the defendant has a right to testify
3. witnesses for the defense are permitted only in the court’s discretion
4. the court has a right to exclude the public if the defendant makes that request
(a) All statements are true
(b) All statements are false
(c) 1 and 2 are true, the others are not
(d) 1 is true, the others are not.
Answer: (a)
Choice (a) is correct (CPL 180.60). ALL STATEMENTS ARE TRUE
CPL 180.65
Due to the COVID-19 state disaster emergency, electronic appearances through an independent audio-visual system are available in which of the following court proceedings?
(a) order of protection applications
(b) family court hearings
(c) misdemeanor motions
(d) felony complaint hearings
Answer: (d)
This new procedure applies if the court finds that an appearance would create an unreasonable hardship or unreasonable health risk to any party and any witness in the hearing.
CPL 180.70
Select all correct answers.
At the conclusion of a felony hearing the court may:
(a) reduce the charge to a non-felony offense
(b) dismiss the complaint, if there is no reasonable cause to believe defendant committed any offense
(c) hold the defendant for action by a grand jury
(d) accept a guilty plea to any offense, if the district attorney consents.
Answer: (a), (b) and (c)
Choices (a), (b) and (c) are correct (CPL 180.70).
Choice (d) is incorrect, because a local criminal court lacks jurisdiction to accept a plea to a felony.
CPL 180.70-1
Select the correct answer.
When a defendant is held for action of a grand jury, all pertinent documents must be promptly transmitted from the local criminal court to:
(a) the grand jury
(b) the district attorney
(c) the attorney general
(d) the superior court.
Answer: (d)
Choice (d) is correct (CPL 180.70-1). Until the papers are received by the superior court, the action is deemed to be still pending in the local criminal court.
CPL 180.80
Select the correct answer.
When a felony complaint has been filed against a person and he has subsequently been placed in custody pending disposition of such felony complaint, and a Saturday, Sunday or legal holiday has occurred during that period, a defendant can, upon application, be released from custody, if he has been confined in such custody without either a disposition of the felony complaint, or commencement of a hearing thereon for a period of more than:
(a) twenty-four hours
(b) one hundred twenty hours
(c) ninety-eight hours
(d) one hundred forty-four hours.
Answer: (d)
Choice (d) is correct (CPL 180.80).
180.80 = 144 HRS
