Article 260 Flashcards

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1
Q

T/F? The jury must render a verdict

A

False

CPL 260.30

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2
Q

T/F? The jury deliberates in the courtroom

A

False

CPL 260.30

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3
Q

The people MAY or MUST deliver an opening address to the jury?

A

MUST
Puda dapa

CPL 260.30

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4
Q

The people MAY or MUST offer evidence in support of the indictment

A

MUST

CPL 260.30

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5
Q

The people and defendant MAY or MUST deliver a summation to the jury

CPL 260.30

A

MAY

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6
Q

Generally, a defendant may waive a jury trial EXCEPT where charge is __________.

A

murder in the first degree

CPL 260.10

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7
Q

T/F? In a trial of an indictment, trial cannot proceed unless defendant is present

A

False

CPL 260.20

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8
Q

T/F? If a defendant is disruptive in a courtroom, he may be removed and the trial shall continue

CPL 260.20

A

True

He must first be warned that he will be removed if he continues to be disruptive

CPL 260.20

A defendant must be personally present during the trial of an
indictment; provided, however, that a defendant who conducts himself in
so disorderly and disruptive a manner that his trial cannot be carried
on with him in the courtroom may be removed from the courtroom if, after
he has been warned by the court that he will be removed if he continues
such conduct, he continues to engage in such conduct.

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9
Q

Which of the following statements is correct?
A. the jury may at times deliberate in the courtroom
B. the jury must deliberate in the courtroom
C. the jury must deliberate in a place outside of the court room
D. the jury must render a verdict

A

C. the jury must deliberate in a place outside of the courtroom

CPL 260.30

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10
Q
Which of the following statements is correct? In a trial of indictment, a defendant may
A. waive a jury trial except for class A and B felonies
B. waive a jury trial in all cases
C. waive a jury trial except where charge is murder in the first degree
D. waive a jury trial except where the charge is A, B or C felony
A

C waive a jury trial except where charge is murder in the first degree

CPL 260.10

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11
Q

Which of the following statements relating to a jury trial is false?
A. the jury must be selected and sworn
B. The court must deliver preliminary instructions to the jury
C. the people must deliver an opening address to the jury
D. the defendant must deliver an opening address to the jury

A

D. the defendant must deliver an opening address to the jury

CPL 260.30

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12
Q

Which of the following statements is false? In a jury trial
A. people must offer evidence in support of indictment
B. defendant may offer evidence in his defense
C. people must offer evidence in rebuttal
D. defendant may deliver a summation to the jury

A

C. people must offer evidence in rebuttal

CPL 260.30

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13
Q

Which of the following statements is false? At the conclusion of evidence
A. the defendant may deliver a summation to the jury
B. the people may deliver a summation to the jury
C. the court may then deliver a charge to the jury
D. the jury must retire and deliberate and if possible render a verdict

A

C. the court may deliver a charge to the jury

CPL 260.30

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14
Q

Which of the following 3 statements are correct?
1) A defendant may waive a jury trial in all cases
2) a defendant may not waive a jury trial in some cases
3) a defendant may not waive a jury trial for a B felony
A. 1
B. 2 and 3
C. 3
D. 2

A

D. 2

CPL 260.10

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15
Q

What does PUDA DAPA stand for?
CPL 260

A

P- People
U-mUst
D- Defendant
A- mAy

D-Defendant
A-mAy
P-People
A-mAy

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