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All CPL 2024 > CPL 1-100 (Excluding 30) Volume 1 > Flashcards

CPL 1-100 (Excluding 30) Volume 1 Flashcards

1
Q

1.10 Applicability of chapter to actions and matter occurring before and after effective date

The CPL applies exclusively to all criminal actions and proceedings that occurred _________ its effective date,as well as the appeals and post judgment proceedings that may follow

A

upon or after

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2
Q

1.10 Applicability of chapter to actions and matter occurring before and after effective date

It also applies to criminal actions and proceedings that have occurred _______ to the effective date but were still pending beyond the effective date including their appeals and post judgment proceedings

A

prior

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3
Q

1.10 Applicability of chapter to actions and matter occurring before and after effective date

In no way would these new laws render any prior proceedings or procedures ________

A

ineffectual

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4
Q

1.20 Definition and Terms

All accusatory instruments regardless of the person deemed the accuser MUST be entitled “____________ “ against a person designated as the defendant

A

The people of the State of New York

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5
Q

1.20 Definition and Terms

Brand NEW: The CPL now considers an appearance ticket for a _______________, for the purposes of this section, an accusatory instrument:

  • An appearance ticket issued for a parking infraction is valid if it meets the following requirements:
  • It is based on the personal knowledge or information and belief of the police officer or other public servant who issues the ticket.
  • The police officer or other public servant who issues the ticket verifies that false statements made therein are punishable as a class A misdemeanor.

The infraction or infractions contained therein are stated in detail and not in conclusory terms so as to provide the defendant with sufficient notice, including the applicable provision of law allegedly violated, and the date, time and particular place of the alleged infraction.

  • The ticket contains the following information:
  • The license plate designation of the ticketed vehicle.
  • The license plate type of the ticketed vehicle.
  • The expiration date of the ticketed vehicle’s registration.
  • The make or model of the ticketed vehicle.
  • The body type of the ticketed vehicle.

However, if the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle, or if the registration sticker is covered, faded, defaced or mutilated so that it is unreadable, then the plate type or the expiration date may be omitted, provided that such condition must be so described and inserted on the instrument.

A

parking infraction

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6
Q

1.20 Definition and Terms

______________ : When the defendant appears in court after the filing of an accusatory instrument to have the court acquire and exercise control over the person

A

ARRAIGNMENT

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7
Q

1.20 Definition and Terms

  1. A JURY TRIAL commences with the selection of the____________ and continues to _____________ .
  2. A NONJURY TRIAL commences with first__________________ if there is one, otherwise, when the first ____________ is sworn and continues to _____________
A
  1. Jury ………. verdict………..
  2. opening address………..
    witness……… verdict
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8
Q

1.20 Definition and Terms

______________ The entry of a plea of guilty or verdict of guilty

A

CONVICTION:

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9
Q

1.20 Definition and Terms

______________ The imposition and entry of sentence upon conviction

A

SENTENCE:

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10
Q

1.20 Definition and Terms

___________ The combination of both the CONVICTION and SENTENCE

A

JUDGMENT:

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11
Q

1.20 Definition and Terms

COMMENCEMENT OF A CRIMINAL ACTION: A criminal action commences with the filing of an ____________ …. Say it again,one more time

A

accusatory instrument

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12
Q

1.20 Definition and Terms

__________ : When a court has the authority to accept a plea or try a matter and ultimately dispose of the accusatory instrument

A

TRIAL JURISDICTION

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13
Q

1.20 Definition and Terms

__________ : When a court has the authority to commence a criminal action and conduct proceedings that will lead to prosecution and disposition of an action in a court that has trial jurisdiction

A

PRELIMINARY JURISDICTION

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14
Q

1.20 Definition and Terms

___________ : A written notice issued by a public servant directing a person to appear in a local criminal court for an accusatory instrument to be filed against them

A

APPEARANCE TICKET

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15
Q

1.20 Definition and Terms

___________ : Issued by a local criminal court or superior court directing a person to appear to be arraigned upon an accusatory instrument already filed against them

A

SUMMONS

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16
Q

1.20 Definition and Terms

__________ : This is a directive from a local criminal court to a police officer,to scoop someone up and bring them to court to be arraigned upon an accusatory instrument already filed against him

A

WARRANT OF ARREST

17
Q

1.20 Definition and Terms

_____________ Same as above but issued by a superior court for an arraignment upon an indictment

A

SUPERIOR COURT WARRANT OF ARREST:

18
Q

1.20 Definition and Terms

____________ The process of any criminal court directing a police officer or UNIFORMED COURT OFFICER to bring a defendant to court who has ______________ ,for the purpose of achieving their court appearance to be able continue on with a case that has already been commenced

A

BENCH WARRANT:………… ALREADY BEEN ARRAIGNED

19
Q

1.20 Definition and Terms

__________ : When it is impossible to commit a crime without simultaneously committing another crime of lesser grade.

A

LESSER INCLUDED OFFENSE

20
Q

1.20 Definition and Terms

New definition: A sworn officer of a police force of a public authority created by an interstate compact, or by the laws constituting the waterfront commission act considered a___________

A

police officer.

21
Q

`1.20 Definition and Terms

NEW definition- EXPUNGE:

  • Expunge means to deem an arrest and any enforcement activity connected with that arrest, including prosecution and any disposition in any New York state court, a ________
  • This means that the accused is restored, in contemplation of the law, to the status such individual occupied before the arrest, prosecution and/or disposition.
  • Records of such arrest, prosecution and/or disposition shall be marked as expunged or shall be destroyed.
  • Neither the arrest nor prosecution and/or disposition, if any, of a matter deemed a nullity shall operate as a disqualification of any person so accused to pursue or engage in any lawful activity, occupation, profession or calling.
  • Except where specifically required or permitted by statute or upon specific authorization of a superior court, no such person shall be required to divulge information pertaining to the arrest, prosecution and/or disposition of such a matter.
A

nullity.

22
Q

1.20 Definition and Terms

__________ : Also known as “JHO” is a person so designated as such pursuant to Article 22 of the Judiciary Law

A

JUDICIAL HEARING OFFICER

23
Q

1.20 Definition and Terms

What does MARK CABRA AP stand for?

  • MANSLAUGHTER 1
  • ASSAULT 1
  • RAPE
  • KIDNAPPING 1
  • CRIMINAL SEXUAL ACT 1
  • AGGRAVATED SEX ABUSE 1
  • BURGLARY 1 AND 2
  • ROBBERY 1 AND 2
  • ARSON 1
  • ATTEMPT TO COMMIT MURDER 2 OR KIDNAPPING 1 OR AS PART OF A SEXUALLY MOTIVATED FELONY
  • POSSESSION OF MACHINE GUN OR FIREARM ON SCHOOL GROUNDS
A

MANSLAUGHTER 1
ASSAULT 1
RAPE KIDNAPPING 1
CRIMINAL SEXUAL ACT 1
AGGRAVATED SEX ABUSE 1
BURGLARY 1 AND 2
ROBBERY 1 AND 2
ARSON 1
ATTEMPT TO COMMIT MURDER 2 OR KIDNAPPING 1 OR AS PART OF A SEXUALLY MOTIVATED FELONYPOSSESSION OF MACHINE GUN OR FIREARM ON SCHOOL GROUNDS

24
Q

1.20 Definition and Terms

What does the MARK in MARK CABRA AP stand for?

A
  1. Manslaughter 1
  2. Assault 1
  3. Rape
  4. Kidnapping 1
25
Q

1.20 Definition and Terms

What does the CABRA in MARK CABRA AP stand for?

A
  1. Criminal Sexual Act 1
  2. Aggravated Sex Abuse 1
  3. Burglary 1 & 2
  4. Robbery 1 & 2
  5. Arson 1
26
Q

1.20 Definition and Terms

What does the AP in MARK CABRA AP stand for?

A
  1. ATTEMPT TO COMMIT MURDER 2 OR KIDNAPPING 1 OR AS PART OF A SEXUALLY MOTIVATED FELONY
  2. POSSESSION OF MACHINE GUN OR FIREARM ON SCHOOL GROUNDS
27
Q

10.10 – Definitions

The CRIMINAL COURTS:

SUPERIOR COURTS:

A

A. The Supreme Court
B. A County Court

28
Q

10.10 - Definitions

The CRIMINAL COURTS:

Local criminal Courts:

A

A. District court
B. New York City Criminal Court
C. City Court
D. Town court
E. Village Court
F. Supreme Court justice sitting as local criminal court
G. County Court judge sitting as a local criminal court

29
Q

10.20 - Superior Courts

  • They have trial jurisdiction of __________
  • EXCLUSIVE trial jurisdiction of__________
  • Trial jurisdiction of ____________ , CONCURRENT with that of the local criminal courts
  • Trial jurisdiction of _____________ , but only when charged in an Indictment that also charges a crime
  • The Superior Court has preliminary jurisdiction of ___________ , but only through the agency of their Grand Juries
A

ALL OFFENSES ……… FELONIES ….. MISDEMEANORS……… PETTY OFFENSES…… ALL OFFENSES

30
Q

10.20 - Superior Courts

When a Superior Court Judge sits as local criminal court it is only for the following purposes:

  1. Conducting __________
  2. Issuing_____________
  3. Issuing _____________
A

Arraignments……… Warrants of Arrest……….. Search Warrants

31
Q

10.30 - Local Criminal Courts

  • The local criminal courts have trial jurisdiction of ALL OFFENSES OTHER THAN _________
  • They have EXCLUSIVE trial jurisdiction of ____________ , except for special circumstance as described above in “Superior Court”
  • Trial jurisdiction of_____________ , CONCURRENT with that of the Superior Courts, but subject to divestiture (taking control of) by the Superior Court
  • The local criminal courts have preliminary jurisdiction of __________ , subject to _____________by the Superior Courts and their grand juries
A

FELONIES ………. PETTY OFFENSES……… MISDEMEANORS……. ALL OFFENSES…. divestiture

32
Q

10.30 - Local Criminal Courts

Take note: A Superior Court judge sitting as a local criminal court does not have __________ jurisdiction of any offense but preliminary jurisdiction only

A

trial

All CPL 2024 (54 decks)

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