CPL 1 Flashcards

1
Q

CPL 1.20 A Felony complaint is filed in which court?

A

Lower criminal court

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2
Q

CPL 1.20 A misdemeanor complaint is filed in which court?

A

Lower criminal court

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3
Q

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.

A

Arraignment

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4
Q

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).

A

Court

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5
Q

CPL 1.20 T/F? The district court is a superior court.

A

False

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6
Q

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.

A

Summons

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7
Q

CPL 1.20 Of the following which one does not commence a criminal action? 1-information
2-prosecutor’s information
3-superior court information

A

3 superior court information

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8
Q

CPL 1.20 Can a misdemeanor or felony complaint be used as the basis of prosecution?

A

No. Exception: misdemeanor complaint can be used as basis for prosecution IF defendant consents.

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9
Q

CPL 1.20 T/F? All informations can serve as the basis for prosecution.

A

True

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10
Q

CPL 1.20 T/F? A prosecutor’s information may charge a felony.

A

False. A prosecutor’s information charges one or more offenses, NONE of which is a felony.

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11
Q

CPL 1.20 A Court acquires personal jurisdiction over a defendant at ________.

A

Arraignment

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12
Q

CPL 1.20 A criminal jury trial commences with the ________.

A

Selection of jury

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13
Q

CPL 1.20 Conviction means verdict of guilty or _________.

A

Entry of Plea of guilty

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14
Q

CPL 1.20 A criminal judgement is comprised of _____ and ______.

A

Conviction and sentence

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15
Q

CPL 1.20 A criminal action commenced with the filing of ____________.

A

Filing of accusatory instrument

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16
Q

CPL 1.20 The two superior criminal courts are _______ and _______.

A

Superior and County

17
Q

CPL 1.20 District Court, NYC Criminal Court, and Justice Court’s are what types of courts?

A

Lower criminal courts

18
Q

CPL 1.20 T/F? The Court of Appeals is an intermediate appellate court.

A

False -highest court in New York State

19
Q

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

A

Trial

20
Q

CPL 1.20 T/F? Local criminal courts have trial jurisdiction over all offenses.

A

False- not over felonies

21
Q

CPL 1.20 T/F? An appearance ticket is an accusatory instrument.

A

False

22
Q

CPL 1.20 Which of the following are accusatory instruments?

Summons

desk appearance ticket

Warrant of arrest

Felony complaint

A

Felony complaint

23
Q

CPL 1.20 An appearance ticket is issued by _______________.

A

Public servant

24
Q

CPL 1.20 A bench warrant is issued by __________.

A

Criminal court

25
Q

CPL 1.20 T/F? A bench warrant is used to bring a person in for arraignment.

A

False. A bench warrant is used to bring a person at a time after he has been arraigned.

26
Q

CPL 1.20 T/F? A summons can be issued before an accusatory instrument is filed.

A

False. A summons is issued AFTER an accusatory instrument is filed.

27
Q

CPL 1.20 T/F? A warrant of arrest can be issued only after accusatory instrument has been filed.

A

True

28
Q

CPL 1.20 Every accusatory must be entitled “_____________” against designated defendant.

A

“the people of the State of New York”

29
Q

CPL 1.20 T/F? For an act to be classified as an armed felony, a deadly weapon must have caused serious physical injury.

A

False

30
Q

CPL 1.20 T/F? For an act to be classified as an armed felony, a deadly weapon must have caused serious physical injury.

A

False

31
Q

CPL 1.20 The two accusatory instruments of the superior courts are ______ and _______.

A

Indictment and superior court information

32
Q

CPL 1.20 Simplified informations are used in ______ courts.

A

Lower criminal court

33
Q

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

A

Lower criminal court

34
Q

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

A

Simplified information

35
Q

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

A

Misdemeanor

36
Q

CPL 1.20 A Superior court information is filed by the ______.

A

District Attorney

37
Q

What type of “information” does not commence a criminal action?

A

Superior Court information

Are used after felony complaint has been filed if defendant waives indictment and DA consents.

38
Q

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

A

trial

39
Q
A