CPL 1-100 (Excluding 30) Volume 2 Flashcards
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
- The Chief Administrator of the courts shall have the power to prescribe forms by adopting, amending or rescinding them.
- The Chief Administrator of the courts may promulgate rules authorizing a program in the use of electronic means (“e-filing”) in the supreme court and in the county court for:
- (i) the filing with a court of an accusatory instrument for the purpose of commencement of a criminal action or proceeding in a superior court, and
- (ii) the filing and service of papers in pending criminal actions and proceedings.
10.40-Chief administrator to prescribe f orms and to authorize use of electronic filing
The Chief Administrator of the courts shall have the power to prescribe forms by adopting, amending or rescinding them. That used to be all I had to say about article 10.40, but now the article has been amended to include lots of information about electronic filing, including:
The Chief Administrator of the courts may promulgate rules authorizing a program in the use of electronic means (“e-filing”) in the supreme court and in the county court for:
- (i) the filing with a court of an accusatory instrument for the purpose of commencement of a criminal action or proceeding in a superior court,and
- (ii) the filing and service of papers in pending criminal actions and proceedings.
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
Participation in e-filing is strictly _________ and will only take place upon the consent of all parties in the criminal action.
voluntary
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
The chief administrator of the courts shall have the power to adopt, amend and rescind forms for the __________ and __________ administration of this chapter.
efficient and just
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
The “filing and service of papers in pending criminal actions and proceedings” shall include the filing and service of a notice of ________
appeal
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
A failure by any party to submit papers in compliance with forms authorized by this section shall not be grounds for that reason alone for denial or granting of any motion.
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
A failure by any party to submit papers in compliance with forms authorized by this section shall not be grounds for that reason alone for denial or granting of any motion.
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
(BARD) The Chief Administrator of the Courts can create rules that allow for the use of electronic filing (e-filing) in the Supreme Court and County Court for criminal cases. However, the Chief Administrator must consult with the _________ of the county where the e-filing will be used, and obtain the county clerk’s agreement.
county clerk
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
(BARD) Participation in the e-filing program is voluntary, but a party’s failure to consent does not prevent other parties from filing and serving papers electronically. Filing an accusatory instrument electronically does not require the consent of any other party. However, the subject of the accusatory instrument and their attorney have the right to review and obtain copies of the instrument if they would have had that right with _____________
paper filing.
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
(BARD) No party can be _________ to participate in e-filing. All parties will be notified about their options for e-filing in plain language. If a party is not represented by counsel, the clerk will explain the options for electronic filing in plain language, including expedited processing. The unrepresented litigant may participate in the program only upon their request, which will be documented in the case file after being presented with plain language explanation.
forced
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
The Chief Administrator of the Courts may eliminate the requirement of consent to participation in the e-filing program in supreme and county courts of not more than ________ counties. However, the Chief Administrator may not eliminate the requirement for a court without the consent of the district attorney, the criminal defense bar, and the county clerk of the county in which the court presides.
six
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
The Chief Administrator of the Courts cannot eliminate the requirement of consent to participation in the e-filing program in a county without providing notice and opportunity to submit comments to all persons and organizations who regularly appear in criminal actions or proceedings in the superior court of that county. The Chief Administrator must also consult with the members of the __________ before eliminating the requirement.
advisory committee
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
If the Chief Administrator eliminates the requirement of consent to participation in the e-filing program, attorneys will be given the opportunity to opt out of the program. Attorneys can opt out if they meet any of the following criteria:
- Where the attorney certifies in good faith that he or she lacks appropriate computer hardware and/or connection to the internet and/or scanner or other device by which documents may be converted to an electronic format; or
- Where the attorney certifies in good faith that he or she lacks the requisite knowledge in the operation of such computers and/or scanners necessary to participate.
- For this purpose, the knowledge of any employee of an attorney, or any employee of the attorney’s law firm, office or business who is subject to such attorney’s direction, shall be imputed to the attorney.
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
If the Chief Administrator eliminates the requirement of consent to participation in the e-filing program, attorneys will be given the opportunity to opt out of the program. Attorneys can opt out if they meet any of the following criteria:
- Where the attorney certifies in good faith that he or she lacks appropriate computer hardware and/or connection to the internet and/or scanner or other device by which documents may be converted to an electronic format; or
- Where the attorney certifies in good faith that he or she lacks the requisite knowledge in the operation of such computers and/or scanners necessary to participate.
- For this purpose, the knowledge of any employee of an attorney, or any employee of the attorney’s law firm, office or business who is subject to such attorney’s direction, shall be imputed to the attorney.`
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
Unrepresented parties may ________ at any time once they have opted in.
opt out
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
Nothing in this section shall affect or change any existing laws governing the __________ and __________ of court records in criminal proceedings or access to court records by the parties to such proceedings, nor shall this section be construed to compel a party to file a sealed document by electronic means.
sealing and confidentiality
10.40-Chief administrator to prescribe forms and to authorize use of electronic filing
(Bard) Papers and documents filed electronically in criminal proceedings in supreme court or county court will not be available for___________ online.
- However, the unified court system may share statistical information that does not include any papers or documents filed with the action.
- The chief administrator may, in their discretion, post papers or documents that have not been sealed pursuant to law on a public website maintained by the unified court system, if doing so would be in the public interest.
In determining whether posting papers or documents on a public website is in the public interest, the chief administrator must consider the following factors:
- The type of case involved
- Whether such posting would cause harm to any person, including especially a minor or crime victim
- Whether such posting would include lewd or scandalous matters
- The possibility that such papers or documents may ultimately be sealed
public inspection
100.05 - Commencement of action (In Local Criminal Court or Youth Part of a Superior Court)
Know this:
**All actions commence in the local criminal court by the filing of an _______________ of which there are five of them, or, in the case of a juvenile offender or adolescent offender, other than an adolescent offender charged with only a ________ or ________ in the youth part of the superior court
accusatory instrument,….. violation or traffic infraction,
100.05 - Commencement of action (In Local Criminal Court or Youth Part of a Superior Court)
If more than one instrument is filed in the course of the same criminal action, then the action commences when the _______ such instrument is filed
first
100.05 - Commencement of action (In Local Criminal Court or Youth Part of a Superior Court)
Let’s fill in the five accusatory instruments of the LLC:
- INFORMATION
- SIMPLIFIED INFORMATION
- PROSECUTOR’S INFORMATION
- MISDEMEANOR COMPLAINT
- FELONY COMPLAINT
100.05 - Commencement of action (In Local Criminal Court or Youth Part of a Superior Court)
FYI: The only way to commence an action in the Superior court (other than a criminal action against a juvenile offender or adolescent offender) is by the filing of an _____________ by the Grand Jury against a defendant who has never been held by the local criminal court, otherwise a criminal action can only be commenced in a local criminal court, by filing one of the five accusatory instruments listed above
indictment
100.07-Effect of Family Court proceeding
- A Criminal Court shall have concurrent jurisdiction over _________ with the Family Court.
- The same domestic violence offense can result in simultaneous proceedings in the two courts. See 530.11and 812FCA. (G SHE’S MAD SIC, plus some newly added offenses)
family offenses
100.15 - An information, misdemeanor complaint or a felony complaint must contain (Local Criminal Court):
- The _______ of the court
- The _________ of the action
- Subscribed and verified by “_____________” based on personal knowledge or information and belief of the commission of the offense
- Each instrument must contain an _________ part and a ___________ part. The complainant’s verification only applies to the __________ part and not the accusatory part
Name……. title……. Complainant……. accusatory………… factual……. factual
100.15 - An information, misdemeanor complaint or a felony complaint must contain (Local Criminal Court):
- The accusatory part designates _________
- The factual part contains a statement of the complainant alleging facts of an evidentiary character supporting or tending to support ___________
offenses charged…. the charges
100.15 - An information, misdemeanor complaint or a felony complaint must contain (Local Criminal Court):
Where a Felony complaint charges a violent felony offense and such offense is an armed felony, then the accusatory part must designate the offense an “_______ “ while the factual part must allege facts supporting such designation
Armed Felony
100.20 - Supporting deposition
Supporting deposition:
- A written instrument accompanying or filed in connection with an accusatory instrument.
- Must be subscribed and verified by a person Other than the complainant, containing factual allegations based on knowledge or information and belief which tend to support and supplement __________
- This is NOT an accusatory instrument. This is an addition to an accusatory instrument.
the charges
100.25 -Simplified information; form and content; defendant’s right to supporting deposition; notice requirement
A defendant charged by a Simplified information has a right to a supporting deposition of the complainant police officer or public servant if the request is timely made. To be timely, it must be made before a plea of guilty or commencement of a trial, but not later than ___________ after the date the defendant was directed to appear in court.
Note: This contradicts CPL 100.20 where it indicates a supporting deposition is subscribed and verified by a person other than the complainant
THIRTY (30) DAYS
100.3 Information, misdemeanor complaint, felony complaint, supporting deposition and proof of service of supporting deposition; verification
Verifying informations, complaints, supporting depositions and proof of service are done by swearing to them:
- Before the __________ with which it is filed
- Before a __________in charge at police station or police headquarters or any of his superior officers
- Before a ____________ when filed by public servant
- Before a ______________
Court……… desk officer …….. public servant…….. Notary Public
100.35-Prosecutor’s information; form and content
A prosecutor’s information must contain the name of the local criminal court in which it is filed and the title of the action. It must be subscribed by the ____________ by whom it is filed
District Attorney
100.40 - Local criminal court and youth part of the superior court accusatory instruments; sufficiency on face
“Sufficiency on its face”, in general, is when an accusatory instrument conforms to the requirements of such,and when the factual part along with the supporting deposition ,if provided,give “________________” that the defendant committed the offense,and non-hearsay allegations of the factual part, establish, if true, every element of the offense charged and the defendant’s commission thereof
Reasonable cause to believe
100.45- Information, prosecutor’s information, misdemeanor complaint; severance, consolidation, amendment, bill of particulars
The rules of ___________ counts of an indictment or severing of defendants (this does not mean cutting off body parts,however appropriate such punishment may be) applies to ___________, ____________, and _____________ (The latter two as of 11/1/16).
severing…….. informations, prosecutor’s informations and to misdemeanor complaints.
The E of Ipm
100.45- Information, prosecutor’s information, misdemeanor complaint; severance, consolidation, amendment, bill of particulars
- At any time before the entry of a __________ to or commencement of a ______ of an information, the court may on application of the people, with notice to the defendant and opportunity to be heard, order the amendment of the accusatory part by adding a count charging an offense supported by the factual part.
- The defendant may then be entitled to a reasonable adjournment
plea of guilty …… trial
100.50 - Superseding informations and prosecutor’s informations
At any time before entry of a plea of _________ to, or commencement of a _________ of an information or prosecutor’s information, another information may be filed which will supersede the original instrument. Upon arraignment of the new instrument the older instrument must be dismissed except for any counts not superseded by the new instrument
*A misdemeanor complaint must or may be replaced and superseded by an ______________ pursuant to section CPL 170.65
Guilty …….. trial…….. information
100.55 Local criminal court accusatory instruments; in what courts filed
In general accusatory instruments are filed where the crime allegedly occurred
- County:
- New York City:
- Town:
- Village:
Note: NYC Criminal court contains five courts as a whole.
- District Court – in the county in which the offense was
committed - New York City Criminal Court- when the crime was allegedly committed in New York City
- Town Court – if committed in the town
- Village Court – if committed in the village.
100.55 Local criminal court accusatory instruments; in what courts filed
Some odd exceptions worth noting are that a Felony complaint can be filed with any __________ or ___________ court in a County where the offense occurred in some town of such County, not having to be the town where the court is located
town or village
100.55 Local criminal court accusatory instruments; in what courts filed
When an accusatory instrument is filed with a judge of the Superior Court sitting as a local criminal court, the offense must be committed in the County in which such judge is then present and in which he either ___________ or is ___________ of a Superior Court
Resides………. holding a term
100.55 Local criminal court accusatory instruments; in what courts filed
Eff. 2/26/17 A local criminal court accusatory instrument may be filed with a local criminal court while it is operating an “__________ “ arraignment part, for offenses allegedly committed within the same _________
off hours………. county
100.60 Youth part of the superior court accusatory instruments; in what courts filed
Any youth part of the superior court accusatory instrument may be filed with the youth part of the superior court of a particular ______________ when an offense charged was allegedly committed in that county or that part over which such court has jurisdiction.
county
