Articles 350 & 360 Non-Jury Trials, Jury Trials Flashcards
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: (a)
Choice (a) is correct (CPL 350.10-2).
CPL 350.20
Select all correct answers.
With respect to a non-jury trial of an information in a local criminal court where a judicial hearing officer has been properly assigned, such judicial hearing officer shall:
(a) determine all questions of law
(b) act as the exclusive trier of all issues of fact
(c) render a verdict
(d) make a recommendation to a judge who will in turn render a verdict based on this recommendation and other relevant information.
Answers: (a), (b) and (c)
Choices (a), (b) and (c) are correct (CPL 350.20).
CPL 360.10
Select the correct answer.
A trial jury in a local criminal court consists of ________ jurors, not including alternate jurors,
(a) six
(b) twelve
(c) eight
Answer: (a)
Choice (a) is correct (CPL 360.10).
CPL 360.15
Select the correct statement concerning a challenge to the jury panel in the trial of an information:
(a) This challenge is not permitted in this situation
(b) The challenge may be made orally
(c) Either party may make this challenge
(d) The challenge may be made only by the defendant.
Answer: (d)
Choice (d) is correct (CPL 360.15). The challenge must be in writing, and may be made only by the defendant.
CPL 360.20
If no challenge is made to the panel of prospective jurors, the court must direct how many names of the panel to be drawn and called?
(a) not less than 6 members
(b) 3 members
(c) 5 members
(d) 6 members.
Answer: (a)
CPL 360.20 provides that the court must direct that the names of not less than six members of the panel be drawn and called.
CPL 360.30
Select the correct statement as to peremptory challenges in a jury trial in a local criminal court:
(a) Each party is allowed three challenges
(b) Each side is allowed three challenges
(c) The number of challenges varies according to the severity of the offense
(d) The court has discretion in excluding the juror sought to be challenged.
Answer: (b)
Choice (b) is correct (CPL 360.30).
CPL 360.35
Select all correct statements concerning the selection of alternate jurors in a local criminal court action:
(a) The court must direct the selection of one, and may direct the election of not more than two alternate jurors
(b) The court may direct the selection of one or two alternate jurors
(c) Each party has one peremptory challenge
(d) Each party has two peremptory challenges.
Answer: (b) and (c)
Choices (b) and (c) are correct (CPL 360.35).
CPL 360.40, .45, .50, 370.10
Select all correct statements concerning the jury trial of an information:
(a) The rules concerning supervision of the jury and motion practice in the trial of an indictment apply generally in the trial of an information
(b) The general principles concerning the court’s charge to a jury and requests to charge in the trial of an indictment apply also to the trial of an information
(c) The court may submit to the jury an uncharged lesser included offense if there is a reasonable view of the evidence which would support a conviction on that offense but not on the count charged in the information
(d) Every count not submitted to the jury is deemed to have been dismissed by the court
(e) Proceedings from verdict to sentence in the trial of an indictment are applicable in the trial of an information.
Answers: (a), (b), (c), (d) and (e)
All choices are correct.
