Article 280

Question 1

T/F? Upon a new trial, following a mistrial, indictment is deemed to contain all counts it contained at start of trial, regardless of whether any count was thereafter dismissed by court prior to mistrial

Answer 1

True

CPL 280.20

Question 2

Court MUST declare a mistrial upon a motion of either party or on its own motion when _________.

Answer 2

it is physically impossible to proceed with the trial in conformity with law

CPL 280.10

Question 3

On a new trial, following a mistrial declared when it is physically impossible to proceed in conformity with the law, the indictment is deemed to contain ______________.

Answer 3

ALL the counts that it contained at the start of the trial

CPL 280.20

Question 4

The court can declare a mistrial and order a new trial
A. Only before conclusion of people’s case
B. only before conclusion of defendant’s case
C. only before summation by the people
D. at any time during trial under certain circumstances

Answer 4

D. at any time during trial under certain circumstances

CPL 280.10

Question 5

Upon a new trial from an order declaring a mistrial, the indictment is deemed to contain
A. all the counts it contained at the time previous trial was commenced
B. all the counts not dismissed during trial ended by order of mistrial
C. all the counts listed in judge’s order of mistrial
D. all the counts originally contained in felony complaint used for indictment

Answer 5

A. all the counts it contained at the time previous trial was commenced

CPL 280.20