Article 270 Flashcards

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1
Q

T/F? In a trial of an indictment, a peremptory challenge must be allowed if the majority of defendants join in the challenge

A

True

CPL 270.25

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2
Q

The maximum number of alternate jurors in the trial of an indictment is __

A

6

CPL 270.30

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3
Q

Once a jury has started its deliberations in the trial of an indictment, the permission of the _____ is needed for a discharged juror to be replaced

A

the defendant

CPL 270 .35

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4
Q

T/F? When a jury views a premises, the defendant must be present

A

False

CPL 270.50

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5
Q

T/F? When the jury views a premises, a court officer must be present

A

False

CPL 270.50 an authorized public servant

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6
Q

A jury in the trial of an indictment consists of __ jurors

A

12

CPL 270.05

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7
Q

A challenge to the entire panel of jurors may be made only by the __________

A

defendant

CPL 270.10

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8
Q

Who has the opportunity to use their peremptory challenges first - the people or the defendant?

A

the people

CPL 270.15

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9
Q

Number of peremptory challenges where the charge is a D felony is ___________________.

A

10 for each side.

CPL 270.25

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10
Q

Number of peremptory challenges where highest crime charged is an A felony is ___________

A

20 peremptory challenges

CPL 270.25

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11
Q
A jury in the trial of an indictment consists of \_\_\_ jurors
A. 6
B. 8
C. 12
D. 16
A

C. 12

CPL270.05

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12
Q

Which of the following is false? In a trial of an indictment, each side has the following peremptory challenges
A. Class A felony: 20 for regular jurors; 2 for each alternate
B. B or C felony: 10 for regular jurors; 2 for each alternate
C. Other than A, B and C felony: 10 for regular jurors; 2 for each alternate
D. D felony: 10 for regular jurors; 2 for each alternate

A

B. B or C felony: 10 for regular jurors; 2 for each alternate

CPL 270.25

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13
Q

In a criminal case, when two or more defendants are tried jointly, the number of peremptory challenges:
A. is multiplied by the number of defendants
B. is increased as per order of the court
C. increases for regular jurors, but remains the same for alternate jurors
D. remains the same

A

D. remains the same

CPL 270.25

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14
Q

The maximum number of alternate jurors in the trial of an indictment is
A. 2
B. 12
C. as directed by court, but not more than 6
D. as directed by court, but not more than 4

A

C. as directed by court, but not more than 6

CPL 270.30

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15
Q

If the trial jury has begun it deliberations and one of the jurors cannot continue
A. the court may on its own motion replace the juror
B. the court may replace the juror if the DA consents
C. the court may replace the juror if the defendant consents
D. the court must declare a mistrial

A

C. the court may replace the juror if the defendant consents

CPL 270.35

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16
Q

Which of the following relating to a jury viewing of premises is not correct?
A. jury must be kept together throughout
B. jury must be under the supervision of appropriate public servants appointed by the court
C. prosecutor, defendant, and counsel may as a matter of right be present
D. court may be present throughout

A

D. court may be present throughout

CPL 270.50 (MUST)