Article 340 Pre Trial Proceedings

Question 1

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 1

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

Question 2

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 2

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.
Choice (d) is incorrect because CPL does not make that distinction.

Question 3

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 3

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

Penal Law 70.15 provides, in the case of class A misdemeanors, for a definite sentence not to exceed one year. Thus, statewide, a jury trial must be accorded to defendants charged with a class A misdemeanor.

Question 4

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 4

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