CPL 1 Flashcards
CPL 1.20 A Felony complaint is filed in which court?
Lower criminal court
CPL 1.20 A misdemeanor complaint is filed in which court?
Lower criminal court
CPL 1.20 ________ means the appearance in court of a defendant after an accusatory instrument has been filed for the purpose of the court acquiring personal jurisdiction over a defendant.
Arraignment
CPL 1.20 A verdict is the announcement by the jury of its decision upon defendant’s guilt or innocence (after a jury trial), or the ________ (after a non-jury trial).
Court
CPL 1.20 T/F? The district court is a superior court.
False
CPL 1.20 A _______ means any written notice issued by a public servant, requiring a person to appear before a local criminal court in connection with an accusatory instrument filed by which a criminal action has already been commenced.
Summons
CPL 1.20 Of the following which one does not commence a criminal action? 1-information
2-prosecutor’s information
3-superior court information
3 superior court information
CPL 1.20 Can a misdemeanor or felony complaint be used as the basis of prosecution?
No. Exception: misdemeanor complaint can 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. A prosecutor’s information charges one or more offenses, NONE 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 jury
CPL 1.20 Conviction means verdict of guilty or _________.
Entry of Plea of guilty
CPL 1.20 A criminal judgement is comprised of _____ and ______.
Conviction and sentence
CPL 1.20 A criminal action commenced with the filing of ____________.
Filing of accusatory instrument
CPL 1.20 The two superior criminal courts are _______ and _______.
Superior and County
CPL 1.20 District Court, NYC Criminal Court, and Justice Court’s are what types of courts?
Lower criminal courts
CPL 1.20 T/F? The Court of Appeals is an intermediate appellate court.
False -highest court in New York State
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 over felonies
CPL 1.20 T/F? An appearance ticket is an accusatory instrument.
False
CPL 1.20 Which of the following are accusatory instruments?
Summons
desk appearance ticket
Warrant of arrest
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. A bench warrant is used to bring a person at a time after he has been arraigned.
CPL 1.20 T/F? A summons can be issued before an accusatory instrument is filed.
False. A summons is issued AFTER an accusatory instrument is filed.
CPL 1.20 T/F? A warrant of arrest can be issued only after accusatory instrument has been filed.
True
CPL 1.20 Every accusatory must be entitled “_____________” 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 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 The two accusatory instruments of the superior courts are ______ and _______.
Indictment and superior court information
CPL 1.20 Simplified informations are used in ______ courts.
Lower criminal court
CPL 1.20 A prosecutor’s information is used in _______ courts.
Lower criminal court
CPL 1.20 Informations filed by a police officer or other public servant are called _________.
Simplified information
CPL 1.20 Misdemeanor complaint charges one or more offenses; at least one must be a __________.
Misdemeanor
CPL 1.20 A Superior court information is filed by the ______.
District Attorney
What type of “information” does not commence a criminal action?
Superior Court information
Are used after felony complaint has been filed if defendant waives indictment and DA consents.
When a court has authority to finally dispose of a case, it is said to have ____ jurisdiction
trial