CPL 1 through 10 Flashcards
CPL 1.20 A prosecutor’s information is used in ______courts.
Local criminal
CPL 1.20 Informations filed by a police officer or other public servant are
called________
simplified informations
CPL 1.20 A Superior court information is filed by the ______
District Attorney
CPL 1.20 Misdemeanor complaint charges one or more offenses; at least one
must be a________
Misdemeanor
CPL 1.20 Of the following which one does not commence a criminal action?
1 - information
2 - prosecutor’s information
3 - superior court information
- superior court information - because it is used after felony complaint has
been filed if defendant waives indictment and DA consents.
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. 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 the jury.
CPL 1.20 A criminal non jury trial commences with the _________
first opening address, or if there is none, when the first witness is sworn.
CPL 1.20 Conviction means verdict of guilty or______
Entry of plea of guilty
1.20 A criminal judgment is comprised of_____ and________
Conviction and sentence
CPL 1.20 A criminal action commences with the filing of_______
The accusatory instrument
CPL 1.20 The two superior criminal courts are______and_______
Supreme and county
CPL 1.20 District Court, NYC Criminal Court, and Justice Courts are what types
of courts?
local criminal courts
CPL 1.20 T/F? The Court of Appeals is an intermediate appellate court.
False
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 felonies)
CPL 1.20 T/F? An appearance ticket is an accusatory instrument.
False
CPL 1.20 Which of following are accusatory instruments?
1. summons
2. warrant of arrest
3. desk appearance ticket
4. 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 For some purpose other than arraignment.
CPL 1.20 T/F? A summons can be issued before an accusatory instrument is
filed.
FALSE
CPL 1.20 T/F? Warrant of arrest can be issued only after accusatory
instrument has been filed.
True
CPL 1.20 Every accusatory instrument must be entitled, “___________”
against designated defendant.,
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
Which of the following choices lists at least one item that is not an accusatory
instrument?
A. an information and misdemeanor complaint
B. felony complaint and indictment
C. superior court information and prosecutor’s information
D. desk appearance ticket and simplified information
D (CPL 1.20)
Which of the following lists the 2 accusatory instruments of the superior
courts?
A. superior court information and felony complaint.
B. superior court information and information.
C. superior court information and indictment
D. superior court information and simplified information
C (CPL 1.20)
(CPL 1.20) 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 (non-jury).
C. both A and B
D. none of the above
C
Conviction means:
A. entry of 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
D
A criminal judgment is made up of conviction plus
A. release of bail.
B. sentence.
C. filing with DCJS.
D. imposition of statutory fines
B
CPL 10.10 The two types of criminal courts are_________and________
local criminal courts and superior courts
CPL 10.10 T/F? The New York City criminal court is a superior court.
False
CPL 10.10 A district court is a________court.
Local criminal
CPL 10.10 A justice court is a____court.
Local criminal
CPL 10.20 The courts which have exclusive trial jurisdiction over all felonies
are________courts.
Superior courts
CPL 10.20 Local criminal courts have preliminary jurisdiction
over________offenses.
All
CPL 10.20 Local criminal courts have concurrent trial jurisdiction with
superior courts over all__________
Misdemeanors
CPL 10.30 Local criminal courts have exclusive trial jurisdiction
over__________offenses.
Petty ( except that Superior courts can pull the petty offence from LCC
when there’s an indictment that also charges the petty offence)
CPL 10.30 T/F? Superior court judge sitting as LCC has trial jurisdiction over all
offenses.
False
CPL 10.30 T/F? County court judge sitting as a LCC has trial jurisdiction over
all offenses.
False
Which of the following pairs contains two local criminal courts?
A. town court and county court
B. district court and justice court
C. county court and district court
D. justice court and court of appeals
B
Which of the following pairs. contains two superior courts?
A. town court and county court
B. district court and justice court,
C. county court and supreme court,
D. justice court and court of appeals
C
Choose the best answer: Superior courts have trial jurisdiction over all:
A. misdemeanors concurrent with that of LCC.
B. felonies (exclusive trial jurisdiction).
C. petty offenses (when charged in an indictment).
D. all of the above.,
D (CPL 10.20)
