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All CPL 2024 > CPL 120 > Flashcards

CPL 120 Flashcards

1
Q

110.10 - Methods of requiring defendant’s appearance in local criminal court or youth part of the superior court for arraignment; in general

  • After action is commenced:_____________ or ___________
  • Before action is commenced :An arrest made without ______________ or ___________
A

Warrant of arrest or Summons………. a warrant or Appearance ticket

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2
Q

110.20 Local criminal court or youth part of the superior court accusatory instruments; notice thereof to district attorney

  • When a criminal action in which a crime is charged is commenced in a local criminal court, or youth part of the superior court, The _____________ OR his agency shall promptly transmit to the DA the accusatory instrument upon or prior to the arraignment, except: in the Criminal Court of the City of New York where it is the _____________ in which the defendant is arraigned who shall transmit it.
A

arresting Officer……. Clerk of the Court

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3
Q

120.10 Warrant of arrest; definition, function, form and content

Warrant of Arrest

  • This is a process of a local criminal court directing a police officer to arrest a defendant and bring him before such court.
  • The sole function of the warrant of arrest is to achieve the defendant’s court appearance for purpose of _____________ upon the accusatory instrument
A

arraignment

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4
Q

120.10 Warrant of arrest; definition, function, form and content

The warrant must be subscribed by the issuing judge and must state or contain the following:

  • The _______ of the issuing court
  • The date of __________
  • The name or title of _________ charged
  • The ________ name or description (by which he can be identified with reasonable certainty)
  • The ___________ to whom it is addressed
  • A direction that such officer arrest the defendant and bring him before the issuing court
A

Name ……issuance…… offense ……. defendant’s ………. police officer

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5
Q

120.20 Warrant of arrest; when issuable

When an accusatory instrument, other than a _______________ , has been filed in a local criminal court or youth part of the superior court, against a defendant who has not appeared for arraignment, and not come under the control of the court, such court may issue ______________

A

simplified traffic information ………….. a warrant of arrest

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6
Q

120.20 Warrant of arrest; when issuable

  • If the court feels the accusatory instrument is not sufficient on its face the court must dismiss the accusatory instrument.
  • If the court feels the instrument is sufficient,it still may refuse to issue a warrant until an examination of witnesses can determine that there is ________ to believe the defendant committed the charged offense
A

reasonable cause

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7
Q

120.20 Warrant of arrest; when issuable

If the court is satisfied that the defendant may respond to a ___________ in lieu of a warrant of arrest, it may NOT issue a warrant of arrest. Upon the request of the district attorney, in lieu of a warrant of arrest or a summons, the court may authorize the district attorney to simply direct the defendant ________________ for arraignment on a designated date if so satisfied that the defendant will appear

A

Summons….. to appear

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8
Q

120.30 Warrant of arrest; by what courts issuable and in what courts returnable

  • A warrant of arrest may be issuable and then returnable only in the___________ or youth part of the superior court where the accusatory instrument was filed
  • Keep in mind the special rule where if an accusatory instrument cannot be filed in the proper town or village court due to unavailability, then an adjoining town or village court in the same County can handle it
A

local criminal court

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9
Q

120.40- Warrant of arrest; attaching accusatory instrument to warrant of town court, village court or city court

When a town, village or city court issues a warrant of arrest it (MAY/SHALL) attach a duplicate copy of the accusatory instrument. This way if when the warrant is executed and if the defendant is brought to the local criminal court due to the issuing court’s unavailability, the defendant can then be arraigned on that duplicate copy

A

MAY

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10
Q

120.50 Warrant of arrest; to what police officers addressed.

The warrant may be addressed to police officers whose ______________ embraces either the place where the offense charged was committed or the locality of the court where the warrant is issued

A

geographical area of employment

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11
Q

120.55 Warrant of arrest; defendant under parole or probation supervision.

A warrant of arrest issued issued by a local criminal court or youth part of the superior court against a defendant under parole or probation may be addressed to the appropriate _____________ or _____________ officer within their geographical area of employment following the same guidelines as in 120.50 above

A

parole or probation

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12
Q

120.60 Warrant of arrest; what police officers may execute.

A warrant of arrest may be executed by any police officer to whom it’s addressed or to any police officer designated to execute it. A police officer may designate another officer to execute the warrant when:

  • He has reasonable cause to believe the defendant is in a particular county other than the one where the warrant is returnable, AND
  • the warrant is executable in that county without the endorsement of the local criminal court thereof, AND
  • the arrest is to be made within the geographical area of employment of the designated officer.

You must know all three criteria that must be met to designate.

A

120.60 Warrant of arrest; what police officers may execute.

A warrant of arrest may be executed by any police officer to whom it’s addressed or to any police officer designated to execute it. A police officer may designate another officer to execute the warrant when:
- He has reasonable cause to believe the defendant is in a particular county other than the one where the warrant is returnable, AND
- the warrant is executable in that county without the endorsement of the local criminal court thereof, AND
- the arrest is to be made within the geographical area of employment of the designated officer.

You must know all three criteria that must be met to designate.

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13
Q

120.70 Warrant of arrest; where executable.

Warrants of arrest issued by a District Court, NYC Criminal Court, the youth part of a superior court or Superior Court Judge sitting as a local criminal court may be executed _______________

A

ANYWHERE IN THE STATE

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14
Q

120.70 Warrant of arrest; where executable.

Warrants of arrest issued by City, Town and Village courts are executable in the __________ of issuance or an adjoining ______________. For example:
If the Village of Rockville Centre issued a warrant, it could be executable in Nassau,NYC courts or Suffolk County only

A

County………… county

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15
Q

120.70 Warrant of arrest; where executable.

Special rule: The city, town or village court warrant could be executable anywhere in the state, upon the written endorsement thereon of the___________ of the county where the arrest is to be made. The warrant then becomes the process of both the issuing court and the endorsing court

A

local criminal court

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16
Q

120.80 Warrant of arrest; when and how executed.

A warrant of arrest may be executed any day of the week at any hour of the day or night

Yes, even on Christmas. Ho, ho, ho, you gotta to go!

A

120.80 Warrant of arrest; when and how executed.

A warrant of arrest may be executed any day of the week at any hour of the day or night

Yes, even on Christmas. Ho, ho, ho, you gotta to go!

17
Q

120.80 Warrant of arrest; when and how executed.

  • The officer (MAY/MUST) inform the defendant that a warrant for his arrest has been issued, unless encountering physical resistance, flight or other factors making normal procedure impractical.
  • He or she may use ______________ physical force to execute the warrant if necessary
A

MUST………. justifiable`

18
Q

120.80 Warrant of arrest; when and how executed.

  • Upon the defendant’s request the officer (MAY/MUST) show him the warrant if he has it in his possession.
  • The officer need not have the warrant in his possession, but upon request must show it to the defendant as soon as possible
A

MUST

19
Q

120.80 Warrant of arrest; when and how executed.

In general, the officer must give _________ before entering a premises unless doing so would:

    1. (FLIGHT) Result in the defendant _________ or attempting ________
    1. (FIGHT) Endanger the __________ or __________ of the officer or another person
    1. (FLUSH DOWN THE TOILET) Result in destruction, damage or secretion of _________

If the officer is authorized to enter premises without giving notice or is not admitted after giving notice, he may __________

A

Notice ……….. escaping ….escape….. life or safety ….. material evidence……. break in

20
Q

120.90 - Procedure after arrest

Upon arresting a defendant for any offense pursuant to a warrant of arrest in the county in which the warrant is returnable,or in any adjoining county,or upon so arresting him or her for a felony in any other county, a police officer,if he or she be one to whom the warrant is addressed, must____________ bring the defendant before the local criminal court or youth part of the superior court in which such warrant is returnable, provided that, where a local criminal court or youth part of the superior court in the county in which the warrant is returnable hereunder is operating an off-hours arraignment part at the time of defendant’s return, such police officer may bring the defendant before such local criminal court or youth part of the superior court.

A

WITHOUT UNNECESSARY DELAY

21
Q

120.90 - Procedure after arrest

If the arresting officer was delegated to affect the arrest, then he must _____________ bring the defendant to the officer by whom he was so delegated, who will then proceed with the procedure in the preceding paragraph

A

WITHOUT UNNECESSARY DELAY

22
Q

120.90 - Procedure after arrest

  • Upon arresting a defendant for an offense other than a _____________ pursuant to a warrant of arrest in a county other than the county in which the warrant is returnable, the officer must inform the defendant that he has a right to appear before the local criminal court in the county of his arrest.
  • If the defendant does not want to exercise such right,the officer must request him to ________ such fact upon the warrant.
  • The officer must then bring him before the court in which the warrant is returnable.
A

felony………. endorse

23
Q

120.90 - Procedure after arrest

A delegated officer may hold a defendant for up to _____________ for purpose of delivering him to the custody of the appropriate officer

A

TWO HOURS

( Upon arresting a defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police officer, if he
be one delegated to execute the warrant pursuant to section 120.60, may
hold the defendant in custody in the county of arrest for a period not
exceeding two hours for the purpose of delivering him to the custody of
the officer by whom he was delegated to execute such warrant.)

24
Q

120.90 - Procedure after arrest

Whenever a police officer is required to bring an arrested defendant before a town court in which a warrant of arrest is returnable, and if such town court is not available at the time, such officer must, if a copy of the underlying accusatory instrument has been attached to the warrant, instead bring such defendant before any village court embraced by such town, or any local criminal court of an adjoining town or city of the same county or any village court embraced by such adjoining town.

A

120.90 - Procedure after arrest

Whenever a police officer is required to bring an arrested defendant before a town court in which a warrant of arrest is returnable, and if such town court is not available at the time, such officer must, if a copy of the underlying accusatory instrument has been attached to the warrant, instead bring such defendant before any village court embraced by such town, or any local criminal court of an adjoining town or city of the same county or any village court embraced by such adjoining town.

25
Q

120.90 - Procedure after arrest

When the court in which the warrant is returnable is a village court which is not available at the time, the officer must in such circumstances bring the defendant before the town court of the town embracing such village or any other village court within such town or, if such town court or village court is not available either, before the local criminal court of any town or city of the same county which adjoins such embracing town or, before the local criminal court of any village embraced by such adjoining town.

A

120.90 - Procedure after arrest

When the court in which the warrant is returnable is a village court which is not available at the time, the officer must in such circumstances bring the defendant before the town court of the town embracing such village or any other village court within such town or, if such town court or village court is not available either, before the local criminal court of any town or city of the same county which adjoins such embracing town or, before the local criminal court of any village embraced by such adjoining town.

26
Q

120.90 - Procedure after arrest

When the court in which the warrant is returnable is a city court which is not available at the time, the officer must in such circumstances bring the defendant before the local criminal court of any adjoining town or village embraced by such adjoining town of the same county.

A

120.90 - Procedure after arrest

When the court in which the warrant is returnable is a city court which is not available at the time, the officer must in such circumstances bring the defendant before the local criminal court of any adjoining town or village embraced by such adjoining town of the same county.

27
Q

120.90 - Procedure after arrest

(Bard) If a police officer is required to bring an arrested defendant before a youth part of a superior court, but the court is not in session, the officer must bring the defendant before the________________ designated by the appellate division of the supreme court to act as a youth part.

A

most accessible magistrate

28
Q

120.90 - Procedure after arrest

Before bringing a defendant arrested pursuant to a warrant before the local criminal court, the arresting officer MUST WITHOUT UNNECESSARY DELAY perform all __________ and other preliminary duties

A

fingerprinting

29
Q

120.90 - Procedure after arrest

(Bard) If a defendant is arrested in another county for a felony, misdemeanor, or crime that would be a felony if they had a prior conviction, and they are released on their own recognizance or bail to appear in a local criminal court in the county where the warrant is returnable, the local criminal court in which they ______________________ must order the defendant to be fingerprinted by the appropriate officer or agency.

A

later appear and are arraigned

30
Q

120.90 - Procedure after arrest

Upon the arrest of a JUVENILE OFFENDER or ADOLESCENT OFFENDER, the arresting officer ____________ notify the parent or other person legally responsible for his care or with whom he is domiciled of the arrest, and location of where he is detained

A

SHALL IMMEDIATELY

31
Q

120.90 - Procedure after arrest

Upon arresting a defendant, other than a Juvenile offender, pursuant to a warrant of arrest, the police officer (MAY/SHALL) permit the defendant to make a phone call anywhere in the U.S. or Puerto Rico, unless doing so may compromise an investigation or the prosecution of the defendant

A

SHALL

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