Article 200 Indictment & Related Instruments Flashcards
CPL 200.10
Select the correct statement
(a) An indictment is a written accusation by a district attorney
(b) An indictment is used only to charge felonies
(c) The term “indictment” includes a superior court information
(d) A superior court information is an accusation by the victim of a felony.
Answer: (c)
Choice (c) is correct (CPL 200.10).
Choice (a) is incorrect. An indictment is an accusation by a grand jury (CPL 200.10).
Choice (b) is incorrect. An indictment must charge at least one felony or misdemeanor and, in addition, may charge other offenses (CPL 200.10, 200.20).
Choice (d) is incorrect. A superior court information is an accusation by a district attorney (CPL 200.15).
Question 263.
CPL 200.20-1
Select the correct statement.
(a) Two offenses are joinable only when they are based upon the same criminal transaction
(b) Petty offenses cannot be charged in an indictment
(c) An indictment may charge a petty offense provided it also charges at least one crime and the offenses are joinable
(d) An application for consolidation of joinable offenses may be granted on defendant’s application, only if the prosecutor consents.
Answer: (c)
Choice (c) is correct (CPL 200.20-1).
An indictment may charge a petty offense provided it also charges at least one crime and the offenses are joinable
CPL 200.30
Select the correct answer.
When a particular offense may be committed in different ways:
(a) an indictment may charge the different ways, using a separate count for each
(b) the prosecutor must decide and specify the one way in which the offense was allegedly committed, using only one count for this purpose
(c) an indictment may charge the offense in one count without specifying how it was committed, and the prosecution may prove any method of commission
(d) an indictment may use one count and allege therein the various ways in which the offense might have been committed.
Answer: (a)
Choice (a) is correct (CPL 200.30). Some offenses may be committed in different ways. Examples are assault second degree (PL 120.05), assault first degree (PL 120.10) and murder second degree (PL 125.25). An indictment may allege the same offense committed in different ways, but a separate count must be used for each.
CPL 200.40
Select the correct answer.
A motion to separate the trial of one defendant from that of others with whom he is jointly charged:
(a) must be granted if made by the prosecution
(b) cannot be granted if all offenses charged are based on a common scheme
(c) cannot be granted if all such defendants are jointly charged with every offense alleged
(d) can be granted, in the court’s discretion, even if all offenses charged are based on the same criminal transaction.
Answer: (d)
Choice (d) is correct (CPL 200.40).
Can be granted, in the court’s discretion, even if all offenses charged are based on the same criminal transaction
CPL 200.50
Select the correct answer.
An indictment must contain:
1. the district attorney’s signature
2. names of the grand jurors
3. name of the superior court in which it is filed
4. the exact date on which the alleged offense was committed
5. a separate accusation or count addressed to each offense charged, if there be more than one
6. the signature of the grand jury foreman or acting foreman
(a) 1, 3, 4 and 5
(b) 2, 5 and 6
(c) 1, 3, 5 and 6
(d) 1, 3, 4, 5 and 6.
Answer: (c)
Choice (c) is correct (CPL 200.50).
Names of grand jurors are not required. The exact date of the offense is not required.
CPL 200.50-2, 5
Select all correct answers.
An indictment must contain:
(a) the defendant’s signature
(b) the name and address of the defendant and his attorney
(c) when the defendant is a juvenile offender, a statement that the defendant is charged as a juvenile offender
(d) a statement that each offense charged was committed in a designated county.
Answers: (c) and (d)
Choices (c) and (d) are correct (CPL 200.50-2, 5).
CPL 200.50-4, 7
Select the correct statements.
In the case of a hate crime, the indictment:
1. must allege the specified offense, followed by the phrase “as a hate crime”
2. must allege only the specified underlying offense, with no further reference
3. the factual statement must specify that the defendant selected the victim because he knew for a fact that the victim was a member of one of the hate crime protected classes
(a) 1, only
(b) 1 and 3, only
(c) 2, only
(d) 3, only.
Answer: (a)
CPL 200.50-4 provides that the phrase “hate crime” shall follow the specified offense.
CPL 200.60-1
Select the correct answer.
Except as to escape in the first or second degree, when a previous conviction raises a charge in an indictment to a higher grade, the indictment:
(a) may not contain any reference to prior conviction
(b) may refer to other convictions only for the same kind of crime
(c) may refer to convictions for any previous crimes
(d) must contain a statement that the prior conviction has occurred and is the basis on which the higher grade of offense may now be charged.
Answer: (a)
Choice (a) is correct (CPL 200.60-1).Answer: (a)
Choice (a) is correct (CPL 200.60-1)
An indictment may not contain any reference to prior conviction
CPL 200.60-3(b)
Select the correct statement.
As to a prosecution for murder in the first degree where the degree of murder now charged is based on prior conviction of another murder.
(a) The prior conviction must in all cases be proven to the jury
(b) The prior conviction of another murder is established by official records received and accepted by the Court without jury consideration
(c) The prior conviction must have been in a New York court
(d) The prior conviction may be proven to the jury only after the jury has found the defendant guilty of intentionally causing death of another person, as charged in the indictment.
Answer: (d)
Choice (d) is correct (CPL 200.60-3(b)).
The prior conviction may be proven to the jury only after the jury has found the defendant guilty of intentionally causing death of another person, as charged in the indictment.
CPL 200.70
Select the correct statement concerning amendment of an indictment.
(a) No amendment is permissible after arraignment
(b) Any amendment may be allowed prior to conclusion of the evidence, provided defendant is given a reasonable adjournment
(c) Matters of form, time, place, names of persons may be amended, before or during trial, if the amendment does not change the theory of the prosecution
(d) Either side may move for amendment.
Answer: (c)
Choice (c) is correct (CPL 200.70).
Matters of form, time, place, names of persons may be amended, before or during trial, if the amendment does not change the theory of the prosecution
CPL 200.80
Select the correct statement as to a second indictment charging a defendant with an offense charged in a first indictment:
(a) Only one indictment is permitted in this situation
(b) The first indictment is superseded by the second, and upon arraignment on the second indictment the first one must generally be dismissed
(c) Both indictments remain in effect until a motion by the prosecution to dismiss one is granted
(d) A second indictment for an offense previously charged requires a court order granted on prosecution’s motion.
Answer: (b)
Choice (b) is correct (CPL 200.80).
The first indictment is superseded by the second, and upon arraignment on the second indictment the first one must generally be dismissed
CPL 200.95-8
Select the correct statement as to a bill of particulars:
(a) Upon a timely request, the prosecutor shall serve the bill of particulars within thirty days
(b) The prosecutor may comply orally with the information requested.
(c) A protective order limiting or conditioning a bill of particulars may not be issued except on the prosecutor’s motion
(d) The prosecutor may amend a bill of particulars, without leave of the court, at any time before commencement of trial.
Answer: (d)
Choice (d) is correct (CPL 200.95-8).
Choice (a) is incorrect in that the period limited is fifteen days.
Choice (b) is incorrect in that the bill of particulars must be in writing (Sub. 1).
Choice (c) is incorrect in that subdivision 7 authorizes, among other things, a protective order on the court’s own initiative.
