CPL 1-100 (Excluding 30) Volume 2

Question 1

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.

Answer 1

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.

Question 2

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.

Answer 2

voluntary

Question 3

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.

Answer 3

efficient and just

Question 4

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 ________

Answer 4

appeal

Question 5

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.

Answer 5

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.

Question 6

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.

Answer 6

county clerk

Question 7

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 _____________

Answer 7

paper filing.

Question 8

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.

Answer 8

forced

Question 9

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.

Answer 9

six

Question 10

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.

Answer 10

advisory committee

Question 11

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.

Answer 11

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.`

Question 12

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.

Answer 12

opt out

Question 13

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.

Answer 13

sealing and confidentiality

Question 14

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

Answer 14

public inspection

Question 15

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

Answer 15

accusatory instrument,….. violation or traffic infraction,

Question 16

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

Answer 16

first

Question 17

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:

Answer 17

1. INFORMATION
2. SIMPLIFIED INFORMATION
3. PROSECUTOR’S INFORMATION
4. MISDEMEANOR COMPLAINT
5. FELONY COMPLAINT

Question 18

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

Answer 18

indictment

Question 19

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)

Answer 19

family offenses

Question 20

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

Answer 20

Name……. title……. Complainant……. accusatory………… factual……. factual

Question 21

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 ___________

Answer 21

offenses charged…. the charges

Question 22

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

Answer 22

Armed Felony

Question 23

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.

Answer 23

the charges

Question 24

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

Answer 24

THIRTY (30) DAYS

Question 25

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:

1. Before the __________ with which it is filed
2. Before a __________in charge at police station or police headquarters or any of his superior officers
3. Before a ____________ when filed by public servant
4. Before a ______________

Answer 25

Court……… desk officer …….. public servant…….. Notary Public

Question 26

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

Answer 26

District Attorney

Question 27

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

Answer 27

Reasonable cause to believe

Question 28

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).

Answer 28

severing…….. informations, prosecutor’s informations and to misdemeanor complaints.

The E of Ipm

Question 29

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

Answer 29

plea of guilty …… trial

Question 30

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

Answer 30

Guilty …….. trial…….. information

Question 31

100.55 Local criminal court accusatory instruments; in what courts filed
In general accusatory instruments are filed where the crime allegedly occurred

1. County:
2. New York City:
3. Town:
4. Village:

Note: NYC Criminal court contains five courts as a whole.

Answer 31

1. District Court – in the county in which the offense was
   committed
2. New York City Criminal Court- when the crime was allegedly committed in New York City
3. Town Court – if committed in the town
4. Village Court – if committed in the village.

Question 32

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

Answer 32

town or village

Question 33

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

Answer 33

Resides………. holding a term

Question 34

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 _________

Answer 34

off hours………. county

Question 35

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.

Answer 35

county