CPL 1 - 100 Flashcards
CPL 1.20 A prosecutor’s information is used in ________ courts.
Local Criminal
CPL 1.20 Informations filed by a police officer or other public servant are called___________.
Simplified informations
CPL 1.20 A Superior Court information is filed by the __________
DA
CPL 1.20 Misdemeanor complaint charges one or more offenses; at least one must be a _________.
Misdemeanor
CPL 1.20 Of the following which one does not commence a criminal action?
1. Information
2. Prosecutor’s information
3. Superior court information
- Superior court information
CPL 1.20 Can a misdemeanor or felony complaint be used. As the basis of prosecution?
No, Exception; misdemeanor complaint ca be used as basis for prosecution if defendant consents.
CPL 1.20 T/F? All informations can serve as the basis for prosecution?
True
CPL 1.20 T/F? A prosecutor’s information may charge a felony.
False. Charges one or more offenses, ONE of which is a felony.
CPL 1.20 A court acquires personal jurisdiction over a defendant at ___________.
Arraignment
CPL 1.20 A criminal jury trial commences with the ______________.
Selection of the jury
CPL 1.20 A criminal non jury trial commences with the _______________
First opening address, or if there is none,, when the first witness is sworn.
CPL 1.20 Conviction means verdict of guilty or ___________
Entry of a plea of guilty
CCPL 1.20 A criminal judgement is comprised of ___________ and ________
Conviction and sentence
CPL 1.20 A criminal action commences with the filing of ____________
The accusatory instrument.
CPL 1.20n The two superior criminal courts are ___________ and ___________
Supreme Court and County Court
CPL 1.20 District Court, NYC Criminal Court, and Justice Courts are what types of courts?
Local criminal courts
CPL 1.20 T/F? The Court of Appeals is an intermediate appellate court.
False
CPL 1.20 When a court has authority to finally dispose of a case, it is said to have ______jurisdiction.
Trial
CPL 1.20 T/F? Local criminal courts have trial jurisdiction over all offenses.
False (not felonies)
CPL 1.20 T/F? An appearance ticket is an accusatory instrument
False
Which of following are accusatory instruments? 1. Summons
2. Warrant of arrest
3. Desk appearance ticket
4. Felony complaint
- Felony complaint
CPL 1.20 An appearance ticket is issued by ___________
Public servant
CPL 1.20 A bench warrant is issued by _____________
Criminal court
CPL 1.20 T/F? A bench warrant is used to bring a person in for arraignment.
False For some purpose other than arraignment.
CPL 1.20 T/F? A summons can be issued before an accusatory instrument is filed.
False.
CPL 1.20 T/F? Warrant of arrest can be issued only after accusatory instrument has been filed.
True
CPL 1.20 Every accusatory instrument must be entitlement “_____________” against designated defendant
The People of the State of New York
CPL 1.20 T/F? For an act to be classified as an armed felony, a deadly weapon must have caused serious physical injury.
False
CPL 1.20 Which of the following choices lists at least one item that is not an accusatory instrument?
A. An information and misdemeanor complaint
B. Felony complaint and indictment
C. Superior court information and prosecutor’s information
D. Desk appearance ticket and simplified information
D. Desk appearance ticket and simplified information
CPL 1.20 Which of the following lists the 2 accusatory instruments of the superior courts?
A. Superior court information and felony complaint
B. Superior court information and information
C. Superior court information and indictment
D. Superior court information and simplified information
C. SCI and indictment
CPL 1.20 A criminal trial commences with
A. Selection of the jury if a jury trial
B. First opening address, or if none, when first witness is swor (non-jury)
C. Both A and B
D. None of the above
C. A and b
CPL 1.20 Conviction means:
A. Entry of a plea of guilty before trial
B. A verdict of guilty after trial
C. The filing of an indictment
D. Entry of a plea of guilty or a verdict of guilty
D.
CPL 1.20 A criminal judgment is made p of conviction plus
A. Release of bail
B. Sentence
C. Filing with DCJS
D. Imposition of statutory fines
B.
CPL 10.10 The two types of criminal courts are ___________and ___________
Local criminal courts and superior courts
CPL 10.10 T/F? The New York City criminal court is a superior court?
False
CPL 10.10 A district court is a ___________court.
Local criminal
CPL 10.10 A justice court is a __________court
Local criminal
CPL 10.20 The courts which have exclusive trial jurisdiction over all felonies are ________courtss.
Superior
CPL 10.20 Local criminal courts have preliminary jurisdiction over __________offenses.
All
CPL 10.20 Local criminal courts have concurrent trial jurisdiction with superior courts over all ____________>
Misdemeanors
CPL 10.30 Local criminal courts have exclusive trial jurisdiction over __________offenses.
Petty
CPL 10.30 T/F? Superior court judge sitting as LCC has trial jurisdiction over all offenses.
False
CPL 10.30 T/F? County court judge sitting as a LCC has trial jurisdiction over all offenses.
False
PL 10.10 Which of the following pairs contains two local criminal courts?
A. Town court and county court
. District court and justice court
C. County court and district court
D. Justice court and court of appeals
B. District court and Justice court
CPL 10,10 Which of the following pairs contains two superior courts?
A.. town court and county court
B. District court and Justice court
C. County court and Supreme Court
D. Justice court and court of appeals
C. County and Supreme
CPL 10.20 Choose the best answer: Superior courts have trial jurisdiction over all:
A. Misdemeanors concurrent with that of LCC.
B. Felonies exclusive trial jurisdiction)
C. Petty offenses (when charged in an indictment)
D. All of the above.
D
CPL 30.30 Which is not correct?
A. Local criminal courts have trial jurisdiction over all offenses.
B. Local criminal courts have trial jurisdiction over petty offenses
C. Local criminal courts have trial jurisdiction over misdemeanors
D. Superior courts have trial jurisdiction over petty offenses (by indictment)
A
CPL 30.10 Statute of limitations for CLASS A felony is ___________
At an time
CPL 30.10 Statue of limitations for B, C, D or E is ___________
5 years
CPL 30.10 T/F? S/L tolls in a criminal case if defendant is outside the state or is whereabouts are unknown.
True
CPL 30.30 In felony case, motion to dismiss must be granted if people are not ready for trial after 6 months of
1. Arrest?
2 imprisonment?
3. Filing of accusatory instrument?
Filing of accusatory instrument
CPL 30.30 T/F? Speedy trial requirements apply in all cases.
False
CPL 30.10 Which of the following class of offenses is not paired correctly with the period in which the accusatory instrument must be filed?
A. CLASS A FELONY - at any time.
B. ANY OTHER FELONY - within seven years of commission of felony.
C. MISDEMEANOR - within two years of commission of misdemeanor.
D. PETTY OFFENSE - within one year after commission of petty offense.
B.
CPL 30.10 When a defendant is outside NYS or his whereabouts are unknown the statute of limitations tolls (stops running):
A. Until he returns to state or whereabouts are known
B. For a period of four months.
C. For a period not to exceed five years beyond period otherwise applicable.
D. None of the above.
C.
CPL 30.30 Which of the following is false? A motion to dismiss based on speedy trial provision must be granted where the people are not ready for trial within:
A. Six months after filing of accusatory instrument for a felony.
B. Ninety days after filing of accusatory instrument (misdemeanor. Over 3 months)
C. Fifteen days after filing accusatory instrument charging a violation.
D. Sixty days after the filing of accusatory instrument (misdemeanor. = or less than 3 months)
C
CPL 30.30 Defendant must be released on bail/ROR if people are to ready for trial within:
A. 60 days of commencement of detention(for a felony)
B. 45 days of commencement of detention ( for misd. More than 3 months)
C. 15 days of commencement of detention (for misd. 3 months or less)
D. All of above
C
CPL 30.30 Choose the best answer: A motion to dismiss based on people not being ready for trial (speedy trial) does not apply to:
A. Murder in first degree.
B. Manslaughter in the second degree
C. A only
D. Both A and /b
D
CPL 30.10 Which of the following periods for commencement of a riminal action are correct?
1. For all Elaine’s - must be commenced with 5 years.
2. For all misdemeanors - must be commenced with 1 year.
3. For all petty offenses - must be commenced within 6 months
A. 1 only B. 2 and 3 only C. 1 and 2 only D. Neither 1 nor 2 nor 3
D
CPL 100.05 T/F? The prosecutor’s information and superior court information are filed in superior court.
False
CPL 100.07 Criminal court and Family court have concurrent jurisdiction over _________.
Family offenses
CPL 100.10 T/F? Informations. Cannot serve as the basis for prosecution.
False
CPL 100.15 The two parts of an accusatory instrument are the ________part and the _______part
Accusatory Factual
CPL 100.20 a supporting deposition is filed by ______________
Other than complaint
CPL 100.05 Which is a LCC accusatory instrument?
A. An indictment
B. A superior court information
C. A felony complaint
D. None of the above
C
CPL 100.10 Which is not correct.
A. A police officer can issue a simplified traffic information
B. A prosecutor’s information is a written accusation by a DA
C. A felony complaint must charge at least one crime
D. A misdemeanor complaint can also charge a violation
C. Must charge at least one felony
CPL 100.05 Which of the following statements is false?
A. A complaint must specify the name o the court in which it is filed.
B. The accusatory part must designate the offense(s) charged,
C. Accusatory part must contain statement by complainant.
D.A complaint must pacify the title of the action.
C. Factual part must contain statement y complainant.
CPL 100.10 Which is not correct?
A. Simplified traffic information can charge a traffic infraction(s) and/or misdemeanor relating to traffic.
B. Simplified traffic information can only be issued by a police officer.
C. Simplified trafficinformatio is filed with the LCC.
D. Simplified traffic information is in a brief and simplified form.
B. Can also be issued by authorized public servant
CPL 100.15 Informants misdemeanors complaints and felony complaints must:
1. Specify name of court filed and title of action
2. Be subscribed and verified by complainant (as to factual part, based on information and belief)
3. Contain an accusatory part and factual part.
A. 1, 2, and 3 B. 1 and 3 only C. 2 and 3 only D. 1 and 2 only/
A
CPL 100.30 Which of the following choices is not correct? Verification of information, misdemeanor complaint, felony complaint, supporting depositions may be done:
A. In court in which it was filed or before a notary public
B. In front of arresting police officer
C. Before a desk officer in charge of police station
D. Before an authorized public servant.
B.
CPL 100.40 Which of following choices is not correct? An accusatory instrument is “sufficient on to face” when it:
1. Conforms to the requirements of this article and 2. Allegations and supporting depositions provide “proof beyond a reasonable doubt” and 3. Non-hearsay allegations, if true, establish every element of offense charged.
A. 3 only. B. 2 and 3 only c. 2 only d. 1, 2, and 3
C
