Article 320

Question 1

A defendant may waive a jury trial except where indictment charges _____________.

Answer 1

murder in the first degree

CPL 320.10

Question 2

T/F? In a single judge trial of an indictment, opening and closing statements are discretionary with the judge

Answer 2

False

CPL 320.20

Question 3

T/F? The order of trial is the same as in a jury trial of an indictment

Answer 3

True

CPL 320.20

Question 4

Which of the following is correct? A waiver if a jury trial must 
A. be done orally
B. be signed by the people in open court
C. be with the approval of the court
D. None of the above are correct

Answer 4

C. be with the approval of the court

CPL 320.10

Question 5

In a non-jury trial of an indictment
1. court must permit opening addresses by parties
2. Court must permit summations by parties
A. 1
B. 2
C. both are correct
D. both are incorrect

Answer 5

C. both are correct

CPL 320.20

Question 6

A defendant may waive a jury trial
1. for all Class A and Class B misdemeanors
2. for all felonies defined in the Penal Law
3. for all felonies except where the charge is murder in the first degree
A. 1
B 1 and 2
C. 1 and 3
D. 2 and 3

Answer 6

C. 1 and 3 only

CPL 320.10