Article 270 Jury Trial (Formation and Conduct of Jury)

Question 1

CPL 270.05
Select all correct statements as to the jury trial of an indictment.
(a) The parties may agree to a six-person jury rather than the usual twelve
(b) Twelve jurors are required in all cases
(c) The panel from which the jury is drawn is formed and selected as prescribed by the judiciary law
(d) The panel from which the jury is drawn is formed and selected as prescribed by the county clerk.

Answer 1

Answer: (b) and (c)
Choices (b) and (c) are correct (CPL 270.05).

Question 2

CPL 270.10
Select the correct answer.
A challenge to the entire panel of prospective jurors:
(a) may be made by either the prosecutor or defendant
(b) may be made only by the defendant and must be in writing
(c) may be made after jury selection commences
(d) may be made by the prosecutor, only with the court’s permission.

Answer 2

Answer: (b)
Choice (b) is correct (CPL 270.10).

Only the defendant may challenge the panel.

Question 3

CPL 270.15-1
Select the correct statement concerning the examination of prospective jurors.
(a) All questioning must be by the court
(b) All questioning must be by the parties, but the court may ask questions concerning matters not covered by the parties
(c) In questioning by the parties the defendant shall be first
(d) In questioning by the parties the prosecutor shall be first.

Answer 3

Answer: (d)
Choice (d) is correct (CPL 270.15-1).

As to choices (a) and (b) the court must initiate the questioning, after which both parties, commencing with the prosecutor, may ask questions concerning “any unexplored matter affecting their qualifications.”

Question 4

CPL 270.15-2
Select the correct answer.
Of the following, the correct order for challenging prospective jurors is:
1. by the people for cause
2. by the defendant for cause
3. by the people peremptorily
4. by the defendant peremptorily
(a) 1, 2, 3 and 4
(b) 1, 3, 2 and 4
(c) 2, 4, 1 and 3
(d) 2, 1, 4 and 3.

Answer 4

Answer: (a)
Choice (a) is correct (CPL 270.15-2).

Question 5

CPL 270.15-3
Select the correct answer.
The trial jury foreperson is chosen:
(a) by the prosecutor and the defense counsel, who must concur in the choice
(b) by the court, in its discretion
(c) because he or she was the juror whose name was first drawn and called
(d) by vote of his or her fellow jurors.

Answer 5

(c)
Choice (c) is correct (CPL 270.15-3).

Question 6

CPL 270.20
Select the correct statement concerning challenges for cause of an individual juror:
(a) There is no limit on the number that may be exercised by the parties
(b) Each party is allotted the same number of individual challenges for cause
(c) When a party uses a challenge for cause the prospective juror is excluded
(d) A challenge for cause is not reviewable on appeal.

Answer 6

Answer: (a)
Choice (a) is correct (CPL 270.20).
Choice (b) is incorrect because there is no allotment between the parties as to challenges for cause. There can be as many challenges on either side as there are grounds to challenge individuals for cause.
Choice (c) is incorrect, because the court must rule on each challenge. If the challenge is not sustained by the court the juror is not excluded.
Choice (d) is incorrect. An erroneous ruling by the court constitutes reversible error if the defendant has at that time exhausted his peremptory challenges, or if he uses a peremptory challenge for that juror and has used all his peremptory challenges before jury selection is complete.

Question 7

CPL 270.25
Select the correct answer.
A lawyer’s objection to a prospective juror for which no reason is given is called a:
(a) challenge for favor
(b) challenge to the array
(c) peremptory challenge
(d) challenge for cause.

Answer 7

Answer: (c)
Choice (c) is correct (CPL 270.25).

Question 8

CPL 270.25-2
Select the correct answer.
In a criminal action where the highest crime charged is a class B or C felony, the maximum number of peremptory challenges that a party can make with respect to the regular jurors is:
(a) twenty
(b) fifteen
(c) ten
(d) five.

Answer 8

swer: (b)
Choice (b) is correct (CPL 270.25-2). 15

Twenty for a class A felony, Fifteen for a class B or C felony, Ten in all other cases.

Question 9

CPL 270.25
Select the correct answer.
If an offense is a class A felony punishable by life imprisonment, or if it is a misdemeanor to be tried in a superior court by a jury, the number of peremptory challenges which each side may exercise for each ALTERNATE juror is:
(a) one
(b) two
(c) three
(d) dependent on the number of defendants being jointly tried
(e) different for the class A felony than it is for the misdemeanor.

Answer 9

Answer: (b)
Choice (b) is correct (CPL 270.25).
TWO PEREMPTORY CHALLENGES FOR ALTERNATE JURORS

It is unusual, but legally possible, that a misdemeanor be tried in a superior court.

Question 10

CPL 270.25
Select the correct answer.
When two or more defendants are tried jointly:
(a) the number of peremptory challenges 1s multiplied by the number of defendants
(b) the number of peremptory challenges is the same, regardless of the number of defendants
(c) the number of peremptory challenges is divided by the number of defendants
(d) the number of peremptory challenges is increased by one for each additional defendant after the first.

Answer 10

Answer: (b)
Choice (b) is correct (CPL 270.25).

Question 11

CPL 270.30
Select the correct answer.
After the jury has retired to deliberate, the alternate jurors:
(a) may be discharged, in all cases
(b) with consent of the defendant and the people must be discharged, in all cases
(c) shall not be discharged in cases where the people seek a sentence of death, but shall remain available for service if needed during any subsequent sentence proceeding
(d) must be discharged in all cases, with or without consent of the defendant and the people.

Answer 11

Answer: (c)
Choice (c) is correct (CPL 270.30).
Choice (a) is incorrect because CPL 270.30-2 provides that in any prosecution in which the people seek a sentence of death the court shall not discharge the alternate jurors when the jury retires to deliberate.

Question 12

CPL 270.30
Select all correct statements.
(a) In the trial of an indictment not including Penal Law 125.27 (murder in the 1st degree) the maximum permissible number of alternate jurors is four
(b) In the trial of an indictment not including Penal Law 125.27 the maximum permissible number of alternate jurors is six
(c) In the trial of an indictment which includes Penal Law 125.27 the maximum permissible number of alternate jurors is ten
(d) In the trial of an indictment which includes Penal Law 125.27 the maximum permissible number of alternate jurors is as many as the court determines to be appropriate.

Answer 12

Answer: (c)
Choice (c) is correct (CPL 270.35).

10 ALTERNATE JURORS IF INDICTMENT INCLUDES MURDER IN FIRST DEGREE

Question 13

CPL 270.35-1
Select the correct answer.
A trial jury has been sworn. Before rendering its verdict, the foreperson becomes unavailable for continued service. Alternate jurors are available. All the jurors are seated in the order in which they were drawn and called. The court should:
(a) designate the second seated juror as the new foreperson
(b) designate the first alternate Juror as the new foreperson
(c) designate any of the remaining jurors as the new foreperson, in the court’s discretion
(d) move the first seated alternate juror to the regular trial panel, and instruct the full trial panel to elect one of their number to be foreperson, by plurality vote.

Answer 13

Answer: (a)
Choice (a) is correct (CPL 270.35-1).

Question 14

CPL 270.35
Select the correct answer.
A case is on trial in which all the evidence has been presented to the jury. There are no alternate jurors. One juror dies suddenly. This case must be disposed of:
(a) by the court declaring a mistrial and ordering a new trial
(b) by verdict given by the remaining jurors
(c) by stipulation of both sides to proceed with the remaining jurors
(d) by verdict of the remaining Jurors, if defendant consents.

Answer 14

Answer: (a)
Choice (a) is correct (CPL 270.35). This is specifically mandated by CPL.

Question 15

CPL 270.40
Select the correct answer.
In a criminal case, where the jury is permitted to separate before beginning their deliberations, the jurors, according to the CPL:
(a) may converse with the other jurors about the case
(b) may converse with their family about the case, but not with other jurors
(c) may converse with persons not connected with the case about the case
(d) may not converse with anyone about the case.

Answer 15

Answer: (d)
Choice (d) is correct (CPL 270.40).

Question 16

CPL 270.45
Select the correct answer.
During the time from when the jurors in a felony trial are sworn until the time they retire to deliberate:
1. the court must order that the jurors be sequestered in all cases
2. the court may order that the Jurors be sequestered
3. during recesses and adjournments the court may permit the jurors to separate only upon consent of the parties
4. the court must sequester the jurors only if the trial is for murder
(a) 2 and 3, only
(b) 2 and 4, only
(c) 3, only
(d) 2, only. Answer _____

Answer 16

Answer: (d)
Choice (d) is correct (CPL 270.45). Sequestration is discretionary with the court at all times.

Question 17

CPL 270.50-2
Select the correct answer.
Where a jury impaneled in a criminal case visits the scene of a crime:
1. the judge must be present at the scene
2. the defendant and his attorney must be present
3. the jurors must all be present and kept together under the supervision of an appropriate public servant appointed by the court
(a) 1, only
(b) 1 and 2, only
(c) 1 and 3, only
(d) 3, only.

Answer 17

Answer: (c)
Choice (c) is correct (CPL 270.50-2). The prosecutor, defendant and defendant’s attorney have a right to be present but their presence is not required

Question 18

CPL 270.50-3
Select the correct answer.
When the court directs that a jury be brought to the place where an offense was allegedly committed, the purpose of such visit is:
(a) to permit visual observation by the Jury of the place in question
(b) to construct a reenactment of the crime
(c) to assist the attorneys in explaining the significance of what is being observed while the Jurors are observing it
(d) to permit testimony to be taken in a location relevant to the alleged offense.

Answer 18

Answer: (a)
Choice (a) is correct. No discussion is permitted (CPL 270.50-3).

Question 19

CPL 280.10
Select the correct statement concerning a motion for a mistrial:
(a) The court has complete discretion as to the circumstances
(b) Conduct occurring outside the courtroom cannot be used as a basis
(c) In a trial with joint defendants, if only one defendant moves for a mistrial and the motion is granted, the trial must proceed as to the remaining defendants
(d) Upon motion by the people, the court must grant the motion when there has been some legal defect in the proceedings which is prejudicial to the defendant and deprives him of a fair trial.

Answer 19

Answer: (c)
Choice (c) is correct (CPL 280.10).

Choice (a) is incorrect because the motion must be granted when the specified circumstances are present.
Choice (b) is incorrect because the conduct in question may be inside or outside the courtroom.
Choice (d) is incorrect because the given situation is the basis for a motion by the defendant. The grounds for motion by the people are gross misconduct by the defendant or some person acting on his behalf, or by a juror, resulting in substantial and irreparable prejudice to the people’s case.