Article 300 & 310 Jury Trial - Court's Charge to Jury, Deliberation & Verdict Of Jury

Question 1

CPL 300.10
Select all correct statements concerning a court’s charge to a jury:
(a) The charge is delivered after both summations have ended
(b) The court must marshal the evidence, applying legal principles to all the testimony
(c) The court must inform both parties, before summations of either, as to the specific offenses the jury will be instructed to consider
(d) Both parties may submit requests to charge, but must do so before the charge.

Answer 1

Answers: (a) and (c)
Choices (a) and (c) are correct (CPL 300.10).

Choice (b) is incorrect because the court need not marshal the evidence to any greater extent than is necessary to explain the law in its application to the facts.
Choice (d) is incorrect because requests to charge may be made after as well as before the charge.

Question 2

CPL 300.10-2
Select the correct answer as to a defendant who does not testify in his own behalf.
(a) The court may comment to the jury on defendant’s right to testify but failure to do so, even over defendant’s objection
(b) The court is not permitted to comment on defendant’s not testifying
(c) Only on defendant’s request, the court may instruct the jury that no unfavorable inference may be drawn from the fact that defendant did not testify
(d) The court may comment on defendant’s not testifying only if the jury requests an explanation of this.

Answer 2

Answer: (c)
Choice (c) is correct (CPL 300.10-2).

Question 3

CPL 300.30-2
Select the correct answer.
With respect to an indictment, the term “consecutive counts” means:
(a) two or more counts of an indictment upon which the defendant after conviction may be sentenced to serve, in turn, one sentence following the other
(b) an indictment with more than one court, arranged in the order in which the alleged crimes were committed
(c) an indictment with one or more counts wherein the nature of the crimes charged is such that they can be included in one indictment without denying the defendant due process of law
(d) two or more counts of an indictment arranged in order of maximum possible sentence, with the most severe first.

Answer 3

Answer: (a)
Choice (a) is correct (CPL 300.30-2). The other choices have no support in CPL.

Question 4

CPL 300.40
Select all correct statements as to the submission of counts in an indictment to the jury:
(a) Every count supported by legally sufficient evidence must be submitted to the jury
(b) If an indictment is unusually complex, the court may submit representative counts, and omit others, in order to avoid placing too heavy a burden on the jury
(c) If a particular count is not submitted to a jury it may be used as the basis for another prosecution on that count
(d) Every count not submitted is deemed to have been dismissed.

Answer 4

Answer: (b) and (d)
Choices (b) and (d) are correct (CPL 300.40).
Choice (b) is supported by CPL 300.40-6(b); Choice (d) is supported by CPL 300.40-7.
Choice (a) is incorrect because of the discretion given to the court by CPL 300.40-6.
Choice (c) is incorrect because CPL 300.40-7 provides that every count not submitted is deemed to have been dismissed.

Question 5

CPL 300.50-1
Select the correct answer.
The court charges the jury that they may find the defendant either guilty or not guilty of grand larceny, based on the evidence. In this situation, the possible verdicts are:
1. guilty of grand larceny
2. guilty of petit larceny but not guilty of grand larceny
3. guilty of attempted grand larceny but not guilty of grand larceny
4. not guilty of grand larceny
(a) 1 and 4
(b) 1, 2 and 4
(c) 1, 3 and 4
(d) 1, 2 and 3.

Answer 5

Answer: (a)
Choice (a) is correct (CPL 300.50-1). Petit larceny and attempted grand larceny may be lesser included offenses as to grand larceny, but they were not submitted to the jury and are therefore not available as verdicts in this case.

Question 6

CPL 300.50-1, 2
Select the correct answer.
In charging a jury, a court finds reason to believe from the evidence that the defendant may have committed a lesser degree of the crime than what he is actually charged with. In this situation:
(a) the court, in all cases, must submit the lesser degree for the jury’s consideration
(b) the court must submit the lesser degree, but only on defendant’s request
(c) the court must submit the lesser degree, but only on prosecutor’s request
(d) the court must submit the lesser degree, if requested by either side to do so.

Answer 6

Answer: (d)
Choice (d) is correct (CPL 300.50-1, 2).

Question 7

CPL 310.20-1
Select the correct answer.
In a criminal action, a letter has been referred to, but not received into evidence. During deliberation, the jury wishes to see the letter. The judge:
(a) must permit the jurors to have the letter in the jury room
(b) cannot allow the jury to have the letter in the jury room under any circumstances
(c) may permit the jurors to have the letter in the jury room after affording the parties an opportunity to be heard
(d) must obtain consent of both sides before permitting the jurors to have the letter in the jury room.

Answer 7

Answer: (b)
Choice (b) is correct (CPL 310.20-1). Only exhibits received in evidence may be taken into the jury room, in the court’s discretion, after hearing both sides.

Question 8

CPL 310.20-2
Select the correct answer.
When a jury retires to deliberate, they may take with them a list of the offenses submitted for their consideration, and the possible verdicts thereon, prepared by:
(a) the jury foreman
(b) the prosecution
(c) the court
(d) the defense.

Answer 8

Answer: (c)
Choice (c) is correct (CPL 310.20-2).

Question 9

CPL 310.20-3
Select all correct answers.
When a jury retires to deliberate, they may take with them a written list of witnesses who have testified, provided:
(a) the jury requests such a list
(b) the list is prepared by the jury
(c) the list is prepared by the court
(d) the court determines such a list will assist the jury
(e) defendant consents to the jury having such a list.

Answer 9

Answer: (a), (c) and (d)
Choices (a), (c) and (d) are correct (CPL 310.20-3).

Question 10

CPL 310.30
Select the correct answer.
When a deliberating jury requests further instruction or information, they must be returned to the courtroom and:
(a) as between the parties, only the defendant must be present
(b) both prosecutor and counsel for defendant must be present
(c) counsel for defendant must be present, but prosecutor need only be given notice
(d) counsel on both sides must be given notice, but only prosecutor must be present.

Answer 10

Answer: (a)
Choice (a) is correct (CPL 310.30). Notice must be given to the people and defendant’s counsel but only defendant is required to be present.

Question 11

CPL 310.40
Select the correct answer.
When the jury foreperson announces a verdict, which of the following is required to be present?
1. A prosecutor
2. The prosecutor of the case
3. Defendant’s counsel
4. Defendant.
(a) 2, 3 and 4
(b) 1 and 4
(c) 1, 3 and 4
(d) 2 and 4
(e) 1 and 3.

Answer 11

Answer: (c)
Choice (c) is correct (CPL 310.40).

Question 12

CPL 310.50
Select the correct statement as to reconsideration by a jury of their verdict.
(a) A jury verdict must be received and accepted by the court in all cases
(b) A jury may be directed to reconsider their verdict if the court believes the verdict is contrary to the weight of the evidence
(c) A verdict which in form is not in accordance with the court’s instructions must be received, provided the jury clearly intends to acquit
(d) If a jury fails to return a verdict on one count of several which they were instructed to consider it is deemed to constitute a mistrial as to such count, and may lead to another prosecution.

Answer 12

Answer: (c)
Choice (c) is correct (CPL 310.50).

Question 13

CPL 310.60-1
Select all correct answers.
A deliberating jury may be discharged without having reached a verdict when:
(a) the jury deliberation has extended for a longer period than was taken for the trial, and agreement then appears unlikely
(b) the court, the people, and defendant consent
(c) a mistrial has been declared
(d) the jury deliberation has been extensive, and agreement within a reasonable time appears unlikely.

Answer 13

Answers: (b), (c) and (d)
Choices (b), (c) and (d) are supported by CPL 310.60-l(a), (b) and (c). There is no support in CPL for choice (a). It would be impractical to assign a time limitation here in view of the many variables present in a jury trial. Among these are the length of trial, the nature of the testimony, the complexity of the issues, the number of defendants, and the number of counts to be considered. The legislature appropriately has afforded discretion to trial judges to determine, in individual instances, what constitutes “an extensive period of time.”

Question 14

CPL 310.70
Select the correct statement as to the delivery by a jury of a partial verdict.
(a) A partial verdict may be received, in appropriate cases, which omits some offenses and some defendants
(b) A partial verdict which addresses all counts of an indictment but not all defendants is not permitted
(c) A partial verdict which includes all defendants but does not address all counts of an indictment is not permitted
(d) A court must accept a partial verdict when a jury reports that it is ready to give such a partial verdict.

Answer 14

Answer: (a)
Choice (a) is correct (CPL 310.70).

Question 15

CPL 310.80
Select the correct answer as to polling a jury.
(a) Polling is required only on the prosecution’s request
(b) Polling is required only on defendant’s request
(c) Polling is required on request of either side
(d) Polling is discretionary with the court, no matter which side makes the request.

Answer 15

Answer: (c)
Choice (c) is correct (CPL 310.80). If requested by either side, the jury must be polled.

Question 16

CPL 320.10-1
Select the correct answer.
When a non-jury trial is permissible, the choice between a jury trial and a non-jury trial is made by:
(a) the court
(b) the defendant
(c) the prosecutor
(d) agreement between prosecutor and defendant’s counsel.

Answer 16

Answer: (b)
Choice (b) is correct (CPL 320.10-1). The right to waive a jury trial belongs to the defendant.

The court must approve defendant’s waiver unless it determines that the waiver “is tendered as a stratagem to procure an otherwise impermissible procedural advantage or that the defendant is not fully aware of the consequences…”.

Question 17

CPL 320.10
Select the correct answer.
In the trial of an indictment, all trials may be non-jury trials:
(a) without exception
(b) except for class A felonies
(c) except for violent felony offenses
(d) except for murder first degree
(e) except for homicide and kidnapping.

Answer 17

Answer: (d)
Choice (d) is correct (CPL 320.10).

Question 18

CPL 320.20
Select the correct answer.
In the non-jury trial of an indictment:
(a) opening addresses by counsel are not permitted
(b) summations by counsel are not permitted
(c) either side, or both, may give both an opening address and a summation
(d) either side, or both, may give an opening address, but neither side may give a summation.

Answer 18

Answer: (c)
Choice (c) is correct (CPL 320.20).

Question 19

CPL 330.20-l(f)
Select the correct statement concerning a commitment order.
(a) A commitment order is effective for one year
(b) A commitment order is effective for six months
(c) A commitment order is effective until the appropriate commissioner determines that the defendant is no longer in need of care and treatment
(d) A commitment order is effective until the psychiatric examiners report to the commissioner that defendant is no longer in need of care and treatment, and the commissioner accepts that report.

Answer 19

Answer: (b)
Choice (b) is correct [CPL 330.20-l(f)]. It may be helpful to consider the apparent legislative intent. Provision was made for periodic review, to avoid unnecessary or unjust confinement. The determination as to continued retention, furlough, release or discharge, is judicial. It is a judge, not psychiatric examiners or the appropriate commissioner, who determines the status of the person found to be not responsible for criminal conduct by reason of mental disease or defect. It should be recalled that CPL 220.15 provides that a plea of not responsible by reason of mental disease or defect requires permission of the court and consent of the people, plus the additional safeguards set forth in that section.

Question 20

CPL 330.20-l(o)
An order of conditions means an order directing a defendant to
(a) comply with prescribed treatment plan, only
(b) comply with any other condition which the court determines to be reasonably necessary or appropriate
(c) if in custody of the commissioner, not to leave the facility without authorization, only
(d) all of the above.

Answer 20

Answer: (d)
CPL 330.20-l(o) provides that all of the above apply.
There may also be a special order of conditions protecting the victim from the defendant as indicated in the statute. See also CPL 330.20(1)(0).

Question 21

CPL 330.20-2
Select the correct statement concerning action to be taken by a court upon a verdict or plea of not responsible by reason of mental disease or defect.
(a) The court must issue an examination order to the state commissioner of mental health or state commissioner of mental retardation and developmental disability
(b) The court must commit defendant to the appropriate state department for treatment
(c) The court must appoint two psychiatric examiners to examine the defendant and report to the court
(d) The court must place defendant in custody by issuing a securing order.

Answer 21

Answer: (a) (Amended, 2022)
Choice (a) is correct (CPL 330.20-2).
Choice (b) is incorrect, because disposition of the defendant depends on the reports of the psychiatric examiners who will be designated by the appropriate commissioner to carry out the court’s examination order.
Choice (c) is incorrect because it is the appropriate commissioner, and not the court, who appoints the examiners.
Choice (d) is incorrect because a defendant in this situation may be examined on an outpatient basis, in the court’s discretion.

Question 22

CPL 330.20-8
Select the correct answer.
When a defendant, subsequent to a verdict of not responsible by reason of mental defect, is in the custody of the commissioner pursuant to a commitment order, the commissioner must apply for a first retention order or a release order:
(a) at least thirty days prior to the expiration of the period prescribed in the order
(b) at least forty-five days prior to the expiration of the period prescribed in the order
(c) at least fifteen days prior to the expiration of the period prescribed in the order
(d) at least twenty days prior to the expiration of the period prescribed in the order
(e) at least ten days prior to the expiration of the period prescribed in the order.

Answer 22

Answer: (a)
Choice (a) is correct (CPL 330.20-8).

Question 23

CPL 330.20-11
Select the correct statement concerning the transfer of a person confined to a secure facility by court order following a plea or verdict of not responsible by reason of mental disease or defect, to a non-secure facility.
(a) This transfer is not permitted
(b) The commissioner may effectuate the transfer, within his own department’s facilities
(c) The transfer requires court approval and consent of the district attorney who prosecuted the criminal case
(d) This transfer requires court approval.

Answer 23

Answer: (d)
Choice (d) is correct (CPL 330.20-11). The court may conduct a hearing, but the determination is by the court. The court in effect makes a clinical or medical judgment, from which an appeal may be taken to an intermediate appellate court under subdivision 21. The appeal may be taken by the commissioner, the defendant, the mental health information service on behalf of the defendant, or the district attorney. The legislative purpose clearly was the protection of the public by imposing judicial review on medical determinations made by the state’s mental health and treatment services.

Question 24

CPL 330.20-19
Select all correct answers.
If a defendant, subsequent to a verdict of not responsible by reason of mental disease or defect, is in the custody of the commissioner pursuant to a retention order issued by a superior court on the ground that the defendant has a dangerous mental disorder, and he escapes from such custody, immediate notice of such escape must be given by the department facility staff to:
(a) the district attorney
(b) the sheriff of the county where the escape occurred
(c) any person the facility staff believes to be in danger
(d) the superintendent of state police
(e) the police department having jurisdiction over the area where the escape occurred.

Answer 24

Answer: (a), (b), (c), (d) and (e)
All choices are correct (CPL 330.20-19).

Question 25

CPL 330.30
Select the correct answer.
Which one of the following is the time limited to set aside or modify a verdict in a criminal action?
(a) Any time before sentence
(b) Within thirty days after the verdict
(c) Within thirty days after sentence
(d) Forty-five days after the verdict.

Answer 25

Answer: (a)
Choice (a) is correct (CPL 330.30).

Question 26

CPL 330.30, 330.40
Select the correct statement concerning a motion to set aside a verdict.
(a) The discovery of new evidence since the trial is, by itself, a proper ground for setting aside a verdict
(b) The motion may be made at any time until the time to appeal has expired
(c) CPL provides only for motions made by defendant
(d) All such motions must be in writing.

Answer 26

Answer: (c)
Choice (c) is correct (CPL 330.30, 330.40).
Choice (a) is incorrect, for in addition it must be shown that the new evidence could not have been produced at the trial even with due diligence, and further that the evidence is of such character as to create a probability that the verdict would have been more favorable to the defendant if the evidence had been received at the trial.
Choice (b) is incorrect because the motion is limited to any time after verdict and before sentence. The time to appeal begins to run after sentence.
Choice (d) is incorrect because a motion based on a ground appearing in the record which on appeal would require reversal or modification by an appellate court as a matter of law need not be in writing (CPL 330.40-1).

Question 27

CPL 340.20
Select the correct answer.
A plea to an information against a corporation must be entered by:
(a) its president
(b) any officer of the corporation
(c) the offending employee
(d) its counsel.

Answer 27

Answer: (d)
Choice (d) is correct (CPL 340.20).

Question 28

CPL 340.20
Select the correct answer.
A plea to an information against a corporation must be entered by:
(a) its president
(b) any officer of the corporation
(c) the offending employee
(d) its counsel.

Answer 28

Answer: (d)
Choice (d) is correct (CPL 340.20).

Question 29

CPL 340.20-2(a)
Select the correct answer.
A defendant is charged in an information with a misdemeanor. The defendant:
(a) may enter a plea by mail
(b) has a right to enter a plea by sending his attorney to act for him
(c) may waive his right to enter a plea in person, subject to the court’s approval
(d) must enter a plea in person in all cases.

Answer 29

Answer: (c)
Choice (c) is correct [CPL 340.20-2(a)].

Question 30

CPL 340.30
Select the correct answer.
CPL provisions concerning pre-trial notice to the people by a defendant under indictment in a superior court who intends to use alibi or mental disease as a defense:
(a) apply equally to a prosecution by information in a local criminal court
(b) do not apply equally to a prosecution by information in a local criminal court
(c) apply only in felony cases tried by information in a local criminal court
(d) apply only in misdemeanor cases tried by information in a local criminal court.

Answer 30

Answer: (a)
Choice (a) is correct (CPL 340.30).
Choice (c) is necessarily incorrect because felony cases cannot be tried by information or in a local criminal court.

Question 31

CPL 340.40
Select the correct statement as to jury trials in non-felony cases.
(a) There is no right to a jury trial
(b) There is a right to a jury trial in all cases prosecuted in New York City Criminal Court
(c) The right to a jury trial exists only when a sentence of imprisonment for one year may be imposed
(d) In all class A misdemeanor cases there is a right to a jury trial.

Answer 31

Answer: (d)
Choice (d) is correct (CPL 340.40).

Question 32

CPL 340.50
Select the correct statement concerning defendant’s presence at a trial in a local criminal court.
(a) A disorderly and disruptive defendant may be removed from the courtroom if he continues this conduct after being warned that it will result in his removal from the courtroom
(b) The defendant’s presence is required at all times
(c) Defendant may waive his right to be present, provided only that the court approve this waiver
(d) Defendant has a right to be present, and a corollary right not to be present.

Answer 32

Answer: (a)
Choice (a) is correct (CPL 340.50). The same provision applies to superior courts.

Question 33

CPL 350.10
Select the correct statement as to a non-jury trial of an information.
(a) The court’s determination as to guilt is called a verdict
(b) The court determines the order in which evidence is to be presented
(c) Motion practice and general procedure are at the discretion of the trial judge
(d) A count which is not disposed of by the court’s determination may be tried again.

Answer 33

Answer: (a)
Choice (a) is correct (CPL 350.10-2).