Article 195 Flashcards
T/F? Waiver of indictment may be made in LCC or superior court
True
CPL 195.10
T/F? Waiver of indictment may not be made when offense is class B or C felony
False
CPL 195.10
T/F? For a defendant to waive indictment, consent of the DA is needed
True
CPL 195.10
T/F? Waiver of indictment must be signed in open court and in presence of defendant’s attorney
True
CPL 195.10
When indictment is waived in a LCC, the DA must file a superior court information within ___ days of order approving the waiver
10 days
CPL 195.40
Defendant who waived indictment and who is in custody for more than 10 days without the filing of a superior court information must, upon application, be _________ unless there is good cause not to.
A. Detained for a maximum of 3 additional days
B. Released on his own recognizance
C. Released on a reduced bail
D. None of the above
B. Released on his own recognizance
CPL 195.40
Which of the following is false? A waiver of indictment
A. Must contain name of court in which it is executed
B. Must contain the endorsement of the attorney for the defendant
C. Must list name of offenses to be charged in superior court information
D. Must list approximate time and place of offenses to be charged in superior court information
B. Must contain the endorsement of the attorney for the defendant
CPL 195.20
With respect to waiver of indictment, case is deemed pending in the LCC until
A. The waiver is signed in open court
B. The DA consents in writing
C. Written waiver is mailed to superior court
D. None of the above
D. None of the above
CPL 195.20
Which of the following is not correct? A waiver of indictment
A. May be in writing
B. Must contain waiver of indictment
C. Must contain consent to be prosecuted by superior court information
D. Cannot be executed without the consent of the DA
A. May be in writing
CPL 195.20 (must)
When an indictment is waived in a LCC the DA must file a superior court information in superior court within \_\_ days of execution of court order approving the waiver A. 1 B. 5 C. 10 D. 14
C 10
CPL 195.40
Which of the following relating to waiver of indictment are correct?
1. Must contain the title of the action
2. Must be in writing
3. Must state approximate time and date of offense
A. 1 and 2
B. 3
C. 1 and 3
D. 1, 2 and 3
D. 1, 2 and 3
CPL 195.20
The waiver of indictment may be made in either at a LCC at the time when order is issued holding defendant for action of the grand jury, or _____________
Appropriate superior court, at any time prior to the filing of an indictment
CPL 195.10
