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295 Index Cards - All > CPL 1 > Flashcards

CPL 1 Flashcards

1
Q

A prosecutor’s information is used in _____ courts.

A

A prosecutor’s information is used in local criminal courts.
CPL 1.20

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2
Q

Informations filed by a police officer or other public servant are called _____.

A

Informations filed by a police officer or other public servant are called simplified informations.
CPL 1.20

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3
Q

A superior court information is filed by the _____.

A

A superior court information is filed by the district attorney.
CPL1.20

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4
Q

A Misdemeanor complaint charges one or more offenses; at least one must be a _____.

A

A Misdemeanor complaint charges one or more offenses; at least one must be a misdemeanor.
CPL 1.20

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5
Q

Of the following which one does not commence a criminal action?
1. information;
2. prosecutor’s information; or 3. superior court information.

A

3
A superior court information does not commence a criminal action. CPL 1.20
A superior court information is used after a felony complaint has been filed if the defendant waives indictment and the district attorney consents.

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6
Q

Can a misdemeanor or felony complaint be used as the basis for prosecution?

A

GENERALLY no. Exception: A misdemeanor complaint can be used as the basis for prosecution with the consent of the defendant. CPL 1.20

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7
Q

All informations can serve as the basis for prosecution.

T/ F

A

True
CPL 1.20

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8
Q

A prosecutor’s information may charge a felony,

T/ F

A

False.
CPL 1.20
A prosecutor’s information MAY charge one or more offenses, NONE of which is a felony.

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9
Q

A court acquires personal jurisdiction over a defendant at _____.

A

A court acquires personal jurisdication over a defendant to arraignment.
CPL 1.20

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10
Q

A criminal jury trial commences with the _____.

A

A criminal jury trial commences with the selection of the jury.
CPL 1.20

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11
Q

A criminal non-jury trial commences with the _____.

A

A criminal non-jury trial commences with EITHER the *first opening address of, if there is none, when the first witness is sworn in**.
CPL 1.20

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12
Q

Conviction means a verdict of guilty or _____.

A

Conviction means a verdict of guilty or entry of a plea of guilty.
CPL 1.20

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13
Q

A criminal judgment is comprised of _____ and _____.

A

A criminal judgment is comprised of conviction and a centence.
CPL 1.20

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14
Q

A criminal action commences with the filing of _____.

A

A criminal action commences with the filing of the accusatory instrument. CPL 1.20

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15
Q

The two superior criminal courts are _____ and _____.

A

The two superior criminal courts are the supreme court and the county court. CPL 1.20

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16
Q

The district court, New York City criminal court, and justice courts are what types of courts?

A

the district court, New York City criminal court, and justice courts are local criminal courts.
CPL 1.20

17
Q

The court of appeals is an intermediate appellate court.

T / F

A

Fales.
CPL 1.20

18
Q

When a court has authority to finally dispose of a case, it is said to have _____ jurisdiction.

A

When a court has authority to finally dispose of a case, it is said to have trial jurisdiction.
CPL 1.20

19
Q

Local criminal courts have trial jurisdiction over all offenses.

T / F

A

False. Local criminal courts DO NOT have trial jurisdiction over felonies.
CPL 1.20

20
Q

An appearance ticket is an accusatory instrument.

T/ F

A

False.
CPL 1.20

21
Q

Which of the following are accusatory instruments?
1. summons;
2. warrant of arrest;
3. desk appearance ticket;
4. felony complaint.

A

A felony complaint is an accusatory instrument.
CPL 1.20

22
Q

A appearance ticket is issued by _____.

A

An appearance ticket is issued by a public servant.
CPL 1.20

23
Q

A bench warrant is issued by _____.

A

A bench warrant is issued by a criminal court.
CPL 1.20

24
Q

A bench warrant is used to bring a person in for arraignment.

T/ F

A

Fales.
A bench warrant is used to bring a person in for some purpose other than arraignment.
CPL 1.20

25
Q

A summons can be issued before an accusatory instrument is filed.

T / F

A

False.
CPL 1.20

26
Q

A warrant of arrest can be issued only after an accusatory instrument has been filed.

T/ F

A

True.
CPL 1.20

27
Q

Every accusatory instrument must be entitled “_____” against a designated defendant.

A

Every accusatory instrument must be entitled “the people of the state of New York” against a designated defendant.
CPL 1.20

28
Q

For an act to be classified as an armed felony, a deadly weapon must have caused serious physical injury.

T / F

A

False.
CPL 1.20

29
Q

Which of the following choices lists at least one item that is not an accusatory instrument? a) an informationand misdemeanor complant;
b) a felony complaint and indictment;
c) a superior court information and prosecutor’s information; d) a desk appearance ticket and simplified information.

A

A desk appearance ticket and a simplified information are not accusatory instruments.
CPL 1.20

30
Q

Which of the following lists the two accusatory instruments of the superior courts?
a) a superior court information and felony complaint;
b) a superior court information and information;
c) a superior court information and indictment;
d) a superior court information and a simplified information.

A

A superior court information and an indictment are the two accusatory instruments of the superior courts.
CPL 1.20

31
Q

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 sworn if a non-jury trial;
c) both A & B;
d) none of the above.

A

A criminal trial commences with the **selection of the jury if a jury trial or the first opening address, or if none, when the first witness is sworn if a non-jury trial.
CPL 1.20

32
Q

Conviction means:
a) entry for 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.

A

Conviction means an entry of a plea of guilty or a verdict of guilty.
CPL 1.20

33
Q

A criminal judgment is made up of a conviction plus:
a) release of bail;
b) sentence;
c) filing with DCJS;
d) imposition of statutory fines.

A

A criminal judgment is made up of a conviction plus sentence.
CPL 1.20

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