CPL 10

Question 1

Which is not correct?
A. local criminal courts have trial jurisdiction over all offenses.
B. Local criminal courts have trial jurisdiction over petty offenses.
C. Local criminal courts have trial jurisdiction over misdemeanors.
D. Superior courts have trial jurisdiction over petty offenses - by indictment.

Answer 1

A
Local criminal courts do not have trial jurisdiction over all offenses.
CPL 30.30

Question 2

The statue of limitations for a class A felony is _____.

Answer 2

The statute of limitations for a class A felony is at any time.
CPL 30.10

Question 3

The statute of limitations for a class B, C, D, or E felony is _____.

Answer 3

The statute of limitations for a class B, C, D, or E felony is 5 years.
CPL 30.10

Question 4

The statute of limitations tolls in a criminal case if a defendant is outside the state or if their whereabouts are unknown.

T / F

Answer 4

True
CPL 30.10

Question 5

In a felony case, a motion to dismiss MUST be granted if the people are not ready for trial six months after:
1. arrest;
2. imprisonment; or
3. filing of the accusatory instrument.

Answer 5

3
In a felony case, a motion to dismiss MUST be granted if the people are not ready for trial six months after filing of the accusatory instrument.
CPL 30.30

Question 6

Speedy trial time requirements apply in all cases.

T / F

Answer 6

False.
CPL 30.30

Question 7

Which of the following class of offenses is not paired correctly with the period in which the accusatory instrument MUST be filed?
A. class A felony - at any time; B. any other felony - within seven years after commission of the felony;
C. a misdemeanor - within two years after commission of the misdemeanor;
D. a petty offense - within one year after commission of the petty offense.

Answer 7

B
A prosecution for any other felony MUST be commenced within *five years** after the commission of the felony.
CPL 30.10.2(b)

Question 8

When a defendant is outside New York state or their whereabouts are unknown, the statute of limitation tolls - stops running.
A. until he returns to the sstte or their whereabouts are known;
B. for a period of four months; C. for a period not to exceed five years beyond the period otherwise applicable;
D. none of the above.

Answer 8

C
When a defendant is outside New York state or their whereabouts are unknown, the statute of limitation tolls - stops running - for a period not to exceed five years beyond the period otherwise applicable.
CPL 30.10